Restrictions of freedom The right to personal liberty is
guaranteed by article 27 of the Constitution. This right is
frequently violated as many elderly people are interned in
nursing homes and residential care homes without their formal
agreement. Portuguese legislation (Decreto-Lei nº 64/2007)
imposes formal contracts and stipulates that only the client or
his/her legal representative can sign these contracts (so as to
make involuntary internment difficult). However, it remains a
cultural practice and relatives still violate this legal
measure. So people are attending nursing homes or day care
centers without their consent or even against their will. It is
against the fundamental rights stated in the Portuguese
Constitution and in International Conventions that are in force
in Portugal. The involuntary internment of people with dementia
is much better regulated and is covered by the Law on Mental
Health No. 36/98 of 24 July 1998. The conditions for involuntary
internment Clause 12 of the above-mentioned law