Declaration of the Rights of Man and of the Citizen
The Declaration of the Rights of Man and of the Citizen, set by France's National Constituent Assembly in 1789, is a human and civil rights document from the French Revolution; the French title can be translated in the modern era as "Declaration of Human and Civil Rights". Inspired by Enlightenment philosophers, the declaration was a core statement of the values of the French Revolution and had a significant impact on the development of popular conceptions of individual liberty and democracy in Europe and worldwide.
The declaration was initially drafted by Marquis de Lafayette with assistance from Thomas Jefferson, but the majority of the final draft came from Abbé Sieyès. Influenced by the doctrine of natural right, human rights are held to be universal: valid at all times and in every place. It became the basis for a nation of free individuals protected equally by the law. It is included at the beginning of the constitutions of both the French Fourth Republic and French Fifth Republic and is considered valid as constitutional law.
History
The content of the document emerged largely from the ideals of the Enlightenment. Marquis de Lafayette prepared the principal drafts in consultation with his close friend Thomas Jefferson. In August 1789, Abbé Emmanuel Joseph Sieyès and Honoré Mirabeau played a central role in conceptualizing and drafting the final Declaration of the Rights of Man and of the Citizen.The last article of the Declaration of the Rights of Man and the Citizen was adopted on 26 August 1789 by the National Constituent Assembly, during the period of the French Revolution, as the first step toward writing a constitution for France. Inspired by the Enlightenment, the original version of the declaration was discussed by the representatives based on a 24-article draft proposed by, led by The draft was later modified during the debates. A second and lengthier declaration, known as the Declaration of the Rights of Man and Citizen of 1793, was written in 1793 but never formally adopted.
Background
The concepts in the declaration come from the philosophical and political duties of the Enlightenment, such as individualism, the social contract as theorized by the Genevan philosopher Jean-Jacques Rousseau, and the separation of powers espoused by the Baron de Montesquieu. As can be seen in the texts, the French declaration was heavily influenced by the political philosophy of the Enlightenment and principles of human rights, as was the U.S. Declaration of Independence which preceded it.These principles were widely shared throughout European society, rather than confined to a small elite as in the past. This took different forms, such as 'English coffeehouse culture', and extended to areas colonised by Europeans, particularly British North America. Contacts between diverse groups in Edinburgh, Geneva, Boston, Amsterdam, Paris, London, or Vienna were much greater than often appreciated.
Transnational elites who shared ideas and styles were not new; what changed was their extent and the numbers involved. Under Louis XIV, Versailles was the centre of French culture, fashion and political power. Improvements in education and literacy over the course of the 18th century meant larger audiences for newspapers and journals, with Masonic lodges, coffee houses and reading clubs providing areas where people could debate and discuss ideas. The emergence of this "public sphere" led to Paris replacing Versailles as the cultural and intellectual centre, leaving the Court isolated and less able to influence opinion.
Assisted by Jefferson, then American diplomat to France, Lafayette prepared a draft which echoed some of the provisions of the U.S. declaration. However, there was no consensus on the role of the Crown, and until this question was settled it was impossible to create political institutions. When presented to the legislative committee on 11 July 1789, it was rejected by pragmatists such as Jean Joseph Mounier, President of the Assembly, who feared creating expectations that could not be satisfied.
Conservatives like Gérard de Lally-Tollendal wanted a bicameral system, with an upper house appointed by the king who would have the right of veto. On 10 September, the majority led by Sieyès and Talleyrand rejected this in favour of a single assembly, while Louis XVI retained only a "suspensive veto"; this meant he could delay the implementation of a law but not block it. With these questions settled, a new committee was convened to agree on a constitution; the most controversial remaining issue was citizenship, itself linked to the debate on the balance between individual rights and obligations. Ultimately, the 1791 Constitution distinguished between active citizens and passive citizens. As a result, it was never fully accepted by radicals in the Jacobin club.
After editing by Mirabeau, it was published on 26 August as a statement of principle. The final draft contained provisions then considered radical in any European society, let alone France in 1789. French historian Georges Lefebvre argues that combined with the elimination of privilege and feudalism, it "highlighted equality in a way the did not". More importantly, the two differed in intent; Jefferson saw the U.S. Constitution and Bill of Rights as fixing the political system at a specific point in time, claiming they 'contained no original thought...but expressed the American mind' at that stage. The 1791 French Constitution was viewed as a starting point, the declaration providing an aspirational vision, a key difference between the two revolutions. Attached as a preamble to the French Constitution of 1791, and that of the 1870 to 1940 French Third Republic, it was incorporated into the current Constitution of France in 1958.
Summary of principles
The declaration defines a single set of individual and collective rights for all men. Influenced by the doctrine of natural rights, these rights are held to be universal and valid in all times and places. For example, "Men are born and remain free and equal in rights. Social distinctions may be founded only upon the general good." They have certain natural rights to property, to liberty, and to life. According to this theory, the role of government is to recognize and secure these rights. Furthermore, the government should be carried on by elected representatives.When it was written, the rights contained in the declaration were only awarded to men. Furthermore, the declaration was a statement of vision rather than reality. The declaration was not deeply rooted in either the practice of the West or even France at the time. The declaration emerged in the late 18th century out of war and revolution. It encountered opposition, as democracy and individual rights were frequently regarded as synonymous with anarchy and subversion. This declaration embodies ideals and aspirations towards which France pledged to struggle in the future.
Substance
The declaration is introduced by a preamble describing the fundamental characteristics of the rights, which are qualified as "natural, unalienable and sacred" and "simple and incontestable principles" on which citizens could base their demands. In the second article, "the natural and imprescriptible rights of man" are defined as "liberty, property, security and resistance to oppression". It called for the destruction of aristocratic privileges by proclaiming an end to feudalism and to exemptions from taxation, freedom, and equal rights for all "Men" and access to public office based on talent. The monarchy was restricted, and all citizens had the right to participate in the legislative process. Freedom of speech and press were declared, and arbitrary arrests were outlawed.The declaration also asserts the principles of popular sovereignty, in contrast to the divine right of kings that characterized the French monarchy, and social equality among citizens, "All the citizens, being equal in the eyes of the law, are equally admissible to all public dignities, places, and employments, according to their capacity and without distinction other than that of their virtues and of their talents," eliminating the special rights of the nobility and clergy.
Articles
Article I – Men are born and remain free and equal in rights. Social distinctions may be founded only upon the general good.Article II – The goal of any political association is the conservation of the natural and imprescriptible rights of man. These rights are liberty, property, safety and resistance against oppression.
Article III – The principle of any sovereignty resides essentially in the Nation. No body, no individual may exercise any authority which does not proceed directly from the nation.
Article IV – Liberty consists of doing anything which does not harm others: thus, the exercise of the natural rights of each man has only those borders which assure other members of the society the fruition of these same rights. These borders can be determined only by the law.
Article V – The law has the right to forbid only actions harmful to society. Anything which is not forbidden by the law cannot be impeded, and no one can be constrained to do what it does not order.
Article VI – The law is the expression of the general will. All the citizens have the right of contributing personally or through their representatives to its formation. It must be the same for all, either that it protects, or that it punishes. All the citizens, being equal in its eyes, are equally admissible to all public dignities, places, and employments, according to their capacity and without distinction other than that of their virtues and of their talents.
Article VII – No man can be accused, arrested nor detained but in the cases determined by the law, and according to the forms which it has prescribed. Those who solicit, dispatch, carry out or cause to be carried out arbitrary orders, must be punished; but any citizen called or seized under the terms of the law must obey at once; he renders himself culpable by resistance.
Article VIII – The law should establish only penalties that are strictly and evidently necessary, and no one can be punished but under a law established and promulgated before the offense and legally applied.
Article IX – Any man being presumed innocent until he is declared culpable if it is judged indispensable to arrest him, any rigor which would not be necessary for the securing of his person must be severely reprimanded by the law.
Article X – No one may be disquieted for his opinions, even religious ones, provided that their manifestation does not trouble the public order established by the law.
Article XI – The free communication of thoughts and of opinions is one of the most precious rights of man: any citizen thus may speak, write, print freely, but shall be responsible for such abuses of this freedom as shall be defined by law.
Article XII – The guarantee of the rights of man and of the citizen necessitates a public force: this force is thus instituted for the advantage of all and not for the particular utility of those in whom it is trusted.
Article XIII – For the maintenance of the public force and for the expenditures of administration, a common contribution is indispensable; it must be equally distributed to all the citizens, according to their ability to pay.
Article XIV – Each citizen has the right to ascertain, by himself or through his representatives, the need for a public tax, to consent to it freely, to know the uses to which it is put, and of determining the proportion, basis, collection, and duration.
Article XV – The society has the right of requesting an account from any public agent of its administration.
Article XVI – Any society in which the guarantee of rights is not assured, nor the separation of powers determined, has no constitution.
Article XVII – Property being an inviolable and sacred right, no one can be deprived of private usage, if it is not when the public necessity, legally noted, evidently requires it, and under the condition of a just and prior indemnity.