Declaration of the Rights of Man and of the Citizen

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Image:Declaration of Human Rights.jpg Template:Wikisource The Declaration of the Rights of Man and of the Citizen (French: La Déclaration des droits de l'Homme et du citoyen) is one of the fundamental documents of the French Revolution, defining a set of individual rights and collective rights of the people. Influenced by the doctrine of natural rights, these rights are universal: they are supposed to be valid in all times and places, pertaining to the human nature itself. The Declaration was adopted August 26, 1789, by the National Constituent Assembly (Assemblée nationale constituante), as the first step toward writing a constitution. It sets forth fundamental rights not only of French citizens but acknowledges these rights to all men without exception, making it a precursor to international human rights instruments:

"First Article – Men are born and remain free and equal in rights. Social distinctions can be founded only on the common utility."

The principles set forth in the declaration are of constitutional value in present-day French law and may be used to oppose legislation or other government activities.

Contents

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Adoption of the declaration

The declaration was drafted by the Marquis de Lafayette and was adopted by the National Assembly, it was intended as part of a transition from an absolute to a constitutional monarchy. Many of the principles laid down in the declaration directly oppose the institutions and usages of the ancien régime of pre-revolutionary France. In the event, France soon became a Republic, but this document remained fundamental.

The principles set forth in the declaration come from the philosophical and political principles of the Age of Enlightenment, such as individualism, the social contract as theorised by Jean-Jacques Rousseau, and the separation of powers espoused by the baron de Montesquieu. As can be seen in the texts, the French declaration is a copy of the declaration of Human Rights contained in the U.S. Declaration of Independence (4 July 1776) and the Virginia Declaration of Rights developed by George Mason in June 1776, which was itself based on the English 1689 Bill of Rights, published a full century before the French version.

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Substance of the declaration

This statement of principles contained the kernel of a much more radical re-ordering of society than had yet taken place. A mere six weeks after the storming of the Bastille and barely three weeks after the abolition of feudalism, the Declaration put forward a doctrine of popular sovereignty and equal opportunity:

"Article III – The principle of any sovereignty resides essentially in the Nation. No body, no individual can exert authority which does not emanate expressly from it."

This contrasts with the pre-revolutionary situation in France, where the political doctrine of the monarchy found the source of law in the divine right of kings.

(From Article VI) – "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."

Again, this strikingly contrasts with the pre-revolutionary division of French society in three estates (the Roman Catholic church, the nobility, and the rest of the population, known as the Third Estate), where the first two estates had special rights. Specifically, it contradicts the idea of people being born into a nobility or other special class of the population, and enjoying (or being deprived of) special rights for this reason.

All citizens are to be guaranteed the rights of "liberty, property, security, and resistance to oppression". The Declaration argues that the need for law derives from the fact that "...the exercise of the natural rights of each man has only those borders which assure other members of the society the enjoyment of these same rights". Thus, the declaration sees law as an "expression of the general will", intended to promote this equality of rights and to forbid "only actions harmful to the society".

The Declaration also put forward several provisions similar to those in the United States Constitution (1787) and the United States Bill of Rights (1789, adopted at approximately the same time as the Declaration). Like the U.S. Constitution, it discusses the need to provide for the common defense and states some broad principles of taxation, especially equality before taxation (a striking difference from the pre-revolutionary era, when the Church and the nobility were exempted from most taxes). It also specifies a public right to an accounting from public agents as to how they have discharged the public trust.

The declaration prohibits ex post facto application of criminal law and proclaims the presumption of innocence, prohibiting undue duress to the suspect. In pre-revolutionary France, while technically one was considered guilty only after having been sentenced by the appropriate authorities, the royal courts, known as parlements, made ample use of torture to extract confessions, and gave few rights to the defense — ergo, it would have been very likely that one would have been convicted and sentenced, if one had been suspected.

It provides for freedom of speech and of the press, and a slightly weaker guarantee of freedom of religion — "provided that [...the] manifestation [...of their religious opinions] does not trouble the public order established by the law". It asserts the rights of property, while reserving a public right of eminent domain:

"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 [i.e., compensation]."

The Declaration is largely individualistic, not addressing freedom of assembly, liberty of association, or the right to strike. These principles did acquire a constitutional value, from the provisions of the Constitution of the French Fourth Republic.

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Women's rights

The Declaration, as originally understood, recognized most rights only as belonging to males. As early as 1791, this was protested by Olympe de Gouges in her Declaration of the Rights of Woman and the Female Citizen. As interpreted by French courts today, women are included in these rights.

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Effect today

According to the preamble of the Constitution of the French Fifth Republic (adopted on October 4 1958, and the current constitution as of 2005), the principles set forth in the Declaration have constitutional value. Many laws and regulations have been cancelled because they did not comply with those principles as interpreted by the Constitutional Council of France or the Conseil d'État ("Council of State").

Many of the principles in the 1789 declaration have far-reaching implications nowadays:

  • Taxation legislation or practices that seem to make some unwarranted difference between citizens are struck down as anticonstitutional.
  • Suggestions of positive discrimination on ethnic grounds are rejected because they infringe on the principle of equality, since they would establish categories of people that would, by birth, enjoy greater rights.

The declaration has also influenced and inspired to rights-based liberal democracy throughout the world.

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See also

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Compare to other countries' bills of rights

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External links

da:Erklæringen om menneskets og borgerens rettigheder de:Erklärung der Menschen- und Bürgerrechte es:Declaración de los Derechos del Hombre y del Ciudadano eo:Deklaro de la rajtoj de homo kaj civitano fr:Déclaration des Droits de l'Homme et du Citoyen de 1789 id:Deklarasi Hak Asasi Manusia it:Dichiarazione dei diritti dell'uomo e del cittadino he:הצהרת זכויות האדם והאזרח hu:Emberi és polgári jogok nyilatkozata ja:人間と市民の権利の宣言 no:Erklæringen om menneskets og borgerens rettigheter pl:Deklaracja Praw Człowieka i Obywatela pt:Declaração dos Direitos do Homem e do Cidadão ru:Декларация прав человека и гражданина uk:Декларація прав людини і громадянина zh:人权和公民权宣言

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