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Declaration of the Rights of Man and of the Citizen

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Not to be confused with Declaration of the Rights of Man and Citizen of 1793, a second declaration, written in 1793 but never formally adopted.
The Declaration of the Rights of Man and of the Citizen of 1789 is a fundamental document of the French Revolution and in the history of human rights.

The Declaration of the rights of Man and of the Citizen (Template:Lang-fr), passed by France's National Constituent Assembly in August 1789, is a fundamental document of the French Revolution and in the history of human and civil rights.[1] The Declaration was directly influenced by Thomas Jefferson, working with General Lafayette, who introduced it.[2] Influenced also by the doctrine of "natural right", the rights of man are held to be universal: valid at all times and in every place, pertaining to human nature itself. It became the basis for a nation of free individuals protected equally by law. It is included in the preamble of the constitutions of both the Fourth French Republic (1946) and Fifth Republic (1958) and is still current. Inspired in part by the American Revolution, and also by the Enlightenment philosophers, the Declaration was a core statement of the values of the French Revolution and had a major impact on the development of freedom and democracy in Europe and worldwide.[3]

The Declaration, together with the American Declaration of Independence, Constitution, and Bill of Rights, inspired in large part the 1948 United Nations Universal Declaration of Human Rights.[4]

History

The inspiration and content of the document emerged largely from the ideals of the American Revolution.[5] The key drafts were prepared by Lafayette, working at times with his close friend Thomas Jefferson,[6][7] who drew heavily upon The Virginia Declaration of Rights, drafted in May 1776 by George Mason (which was based in part on the English Bill of Rights 1689), as well as Jefferson's own drafts for the American Declaration of Independence. In August 1789, Honoré Mirabeau played a central role in conceptualizing and drafting the Declaration of the Rights of Man and of the Citizen.[8]

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 on the basis of a 24 article draft proposed by the sixth bureau[clarify],[9][10] led by Jérôme Champion de Cicé. 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.[11]

Philosophical and theoretical context

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 Rousseau, and the separation of powers espoused by the Baron de Montesquieu. As can be seen in the texts, the French declaration is heavily influenced by the political philosophy of the Enlightenment, by Enlightenment principles of human rights, and by the U.S. Declaration of Independence which preceded it (4 July 1776). Thomas Jefferson—the primary author of the U.S. Declaration of Independence—was at the time in France as a U.S. diplomat, and worked closely with Lafayette in designing a bill of rights for France. In the ratification by the states of the U.S. Constitution in 1788, critics had demanded a written Bill of Rights. In response, James Madison's proposal for a U.S. Bill of Rights was introduced in New York on 8 June 1789, 11 weeks before the French declaration. Considering the 6 to 8 weeks it took news to cross the Atlantic, it is possible that the French knew of the American text. But, as Lafebvre notes, both texts emerged from the same shared intellectual heritage.[12] The same people took part in shaping both documents; Lafayette admired Jefferson, and Jefferson in turn found Lafayette useful, writing in 1787 that Lafayette was "a most valuable auxiliary to me. His zeal is unbounded, & his weight with those in power, great."[13] Historian Iain McLean concludes that Jefferson worked hard to influence the French Declaration and that Lafayette was "the ideal tool for Jefferson's interests as they broadened from American trade to French politics."[14][15]

The declaration is in the spirit of "secular natural law", which does not base itself on religious doctrine or authority, in contrast with traditional natural law theory, which does.[16]

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."[17] 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, government should be carried on by elected representatives.[16]

At the time of writing, 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. The declaration embodies ideals and aspirations towards which France pledged to struggle in the future.[18]

Substance

The Declaration is introduced by a preamble describing the fundamental characteristics of the rights which are qualified as being "natural, unalienable and sacred" and consisting of "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 human beings (referred to as "Men"), and access to public office based on talent. The monarchy was restricted, and all citizens were to have the right to take part in the legislative process. Freedom of speech and press were declared, and arbitrary arrests outlawed.[19]

The Declaration also asserted 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.[20]

Articles:

Article I - Men are born and remain free and equal in rights. Social distinctions can be founded only on the common 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 can exert authority which does not emanate expressly from it.

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 enjoyment 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 disturbed 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, except to respond to the abuse of this liberty, in the cases determined by the 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 between 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 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.

Active and passive citizenship

While the French Revolution provided rights to a larger portion of the population, there remained a distinction between those who obtained the political rights in the Declaration of the Rights of Man and Citizen and those who did not. Those who were deemed to hold these political rights were called active citizens. Active citizenship was granted to men who were French, at least 25 years old, paid taxes equal to three days work, and could not be defined as servants (Thouret).[21] This meant that at the time of the Declaration only male property owners held these rights.[22] The deputies in the National Assembly believed that only those who held tangible interests in the nation could make informed political decisions.[23] This distinction directly affects articles 6, 12, 14, and 15 of the Declaration of the Rights of Man and Citizen as each of these rights is related to the right to vote and to participate actively in the government. With the decree of 29 October 1789, the term active citizen became embedded in French politics.[24]

The concept of passive citizens was created to encompass those populations that had been excluded from political rights in the Declaration of the Rights of Man and Citizen. Because of the requirements set down for active citizens, the vote was granted to approximately 4.3 million Frenchmen.[24] out of a population of around 29 million.[25] These omitted groups included women, slaves, children, and foreigners. As these measures were voted upon by the General Assembly, they limited the rights of certain groups of citizens while implementing the democratic process of the new French Republic (1792–1804).[23] This legislation, passed in 1789, was amended by the creators of the Constitution of the Year III in order to eliminate the label of active citizen.[26] The power to vote was then, however, to be granted solely to substantial property owners.[26]

Tensions arose between active and passive citizens throughout the Revolution. This happened when passive citizens started to call for more rights, or when they openly refused to listen to the ideals set forth by active citizens. This cartoon clearly demonstrates the difference that existed between the active and passive citizens along with the tensions associated with such differences.[27] In the cartoon, a passive citizen is holding a spade and a wealthy landowning active citizen is ordering the passive citizens to go to work. The act appears condescending to the passive citizen and it revisits the reasons why the French Revolution began in the first place.

Women, in particular, were strong passive citizens who played a significant role in the Revolution. Olympe de Gouges penned her Declaration of the Rights of Woman and the Female Citizen in 1791 and drew attention to the need for gender equality.[28] By supporting the ideals of the French Revolution and wishing to expand them to women, she represented herself as a revolutionary citizen. Madame Roland also established herself as an influential figure throughout the Revolution. She saw women of the French Revolution as holding three roles; "inciting revolutionary action, formulating policy, and informing others of revolutionary events."[29] By working with men, as opposed to working separate from men, she may have been able to further the fight of revolutionary women. As players in the French Revolution, women occupied a significant role in the civic sphere by forming social movements and participating in popular clubs, allowing them societal influence, despite their lack of direct political influence.[30]

Women's rights

The Declaration recognized many rights as belonging to citizens (who could only be male). This was despite the fact that after The March on Versailles on 5 October 1789, women presented the Women's Petition to the National Assembly in which they proposed a decree giving women equal rights.[31] In 1790, Nicolas de Condorcet and Etta Palm d'Aelders unsuccessfully called on the National Assembly to extend civil and political rights to women.[32] Condorcet declared that "he who votes against the right of another, whatever the religion, color, or sex of that other, has henceforth abjured his own".[33] The French Revolution did not lead to a recognition of women's rights and this prompted Olympe de Gouges to publish the Declaration of the Rights of Woman and the Female Citizen in September 1791.[34]

The Declaration of the Rights of Woman and the Female Citizen is modelled on the Declaration of the Rights of Man and of the Citizen and is ironic in formulation and exposes the failure of the French Revolution, which had been devoted to equality. It states that:

“This revolution will only take effect when all women become fully aware of their deplorable condition, and of the rights they have lost in society”.

The Declaration of the Rights of Woman and the Female Citizen follows the seventeen articles of the Declaration of the Rights of Man and of the Citizen point for point and has been described by Camille Naish as "almost a parody... of the original document". The first article of the Declaration of the Rights of Man and of the Citizen proclaims that "Men are born and remain free and equal in rights. Social distinctions may be based only on common utility." The first article of Declaration of the Rights of Woman and the Female Citizen replied: "Woman is born free and remains equal to man in rights. Social distinctions may only be based on common utility".

De Gouges also draws attention to the fact that under French law women were fully punishable, yet denied equal rights, declaring "Women have the right to mount the scaffold, they must also have the right to mount the speaker's rostrum".[35]

Slavery

The declaration did not revoke the institution of slavery, as lobbied for by Jacques-Pierre Brissot's Les Amis des Noirs and defended by the group of colonial planters called the Club Massiac because they met at the Hôtel Massiac.[36] Despite the lack of explicit mention of slavery in the Declaration, slave uprisings in Saint-Domingue in the Haitian Revolution took inspiration from its words, as discussed in C. L. R. James' history of the Haitian Revolution, The Black Jacobins.[37]

Deplorable conditions for the thousands of slaves in Saint-Domingue, the most profitable slave colony in the world, led to the uprisings which would be known as the first successful slave revolt in the New World. Slavery in the French colonies was abolished by the Convention dominated by the Jacobins in 1794. However, Napoleon reinstated it in 1802. In 1804, the colony of Saint-Domingue became an independent state, the Republic of Haiti.

Legacy

The Declaration has also influenced and inspired rights-based liberal democracy throughout the world. It was translated as soon as 1793–1794 by Colombian Antonio Nariño, who published it despite the Inquisition and was sentenced to be imprisoned for ten years for doing so. In 2003, the document was listed on UNESCO's Memory of the World register.

Constitution of the French Fifth Republic

Main article: Constitution of the French Fifth Republic

According to the preamble of the Constitution of the French Fifth Republic (adopted on 4 October 1958, and the current constitution), 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 Conseil Constitutionnel ("Constitutional Council of France") or by the Conseil d'État ("Council of State").

  • Taxation legislation or practices that seem to make some unwarranted difference between citizens are struck down as unconstitutional.
  • 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.

See also

Other early declarations of rights

Notes

  1. ^ The French title is sometimes translated as "Declaration of Human and Civic Rights".
  2. ^ Gregory Fremont-Barnes (2007). Encyclopedia of the Age of Political Revolutions and New Ideologies, 1760-1815. Greenwood. p. 190.
  3. ^ Kopstein Kopstein (2000). Comparative Politics: Interests, Identities, and Institutions in a Changing Global Order. Cambridge UP. p. 72.
  4. ^ Douglas K. Stevenson (1987), American Life and Institutions, Stuttgart (Germany), p.34
  5. ^ Georges Lefebvre (2005). The Coming of the French Revolution. Princeton UP. p. 212.
  6. ^ George Athan Billias, ed. (2009). American Constitutionalism Heard Round the World, 1776-1989: A Global Perspective. NYU Press. p. 92. {{cite book}}: |author= has generic name (help)
  7. ^ Susan Dunn, Sister Revolutions: French Lightning, American Light (1999) pp 143-45
  8. ^ Keith Baker, "The Idea of a Declaration of Rights" in Dale Van Kley, ed. The French Idea of Freedom: The Old Regime and the Declaration of Rights of 1789 (1997) pp 154-96.
  9. ^ The original draft is an annex to the 12 August report (Archives parlementaires, 1,e série, tome VIII, débats du 12 août 1789, p. 431).
  10. ^ Archives parlementaires, 1e série, tome VIII, débats du 19 août 1789, p. 459.
  11. ^ Gregory Fremont-Barnes, ed. (2007). Encyclopedia of the Age of Political Revolutions and New Ideologies, 1760-1815. Greenwood Publishing Group. pp. 159 vol 1. {{cite book}}: |author= has generic name (help)
  12. ^ Lefebvre. The Coming of the French Revolution. pp. 212–13.
  13. ^ Francis D. Cogliano, ed. (2011). A Companion to Thomas Jefferson. John Wiley & Sons. p. 127. {{cite book}}: |author= has generic name (help)
  14. ^ Cogliano, ed. A Companion to Thomas Jefferson. p. 127. {{cite book}}: |author= has generic name (help)
  15. ^ Iain McLean, "Thomas Jefferson, John Adams, and the Déclaration des Droits de l’Homme et du Citoyen" in The future of liberal democracy: Thomas Jefferson and the contemporary world (Palgrave Macmillan, 2004) online
  16. ^ a b Merryman, John Henry; Rogelip Perez-Perdomo (2007). The civil law tradition: an introduction to the legal system of Europe and Latin America. Stanford University Press. p. 16. ISBN 9780804755696.
  17. ^ First Article, Declaration of the Rights of Man and of the Citizen.
  18. ^ Lauren, Paul Gordon (2003). The evolution of international human rights: visions seen. University of Pennsylvania Press. p. 32. ISBN 9780812218541.
  19. ^ Spielvogel, Jackson J. (2008). Western Civilization: 1300 to 1815. Wadsworth Publishing. p. 580. ISBN 978-0-495-50289-0.
  20. ^ von Guttner, Darius (2015). The French Revolution. Nelson Cengage. pp. 85–88.
  21. ^ Thouret 1789, http://chnm.gmu.edu/revolution/d/282/
  22. ^ Censer and Hunt 2001, p. 55.
  23. ^ a b Popkin 2006, p. 46.
  24. ^ a b Doyle 1989, p. 124.
  25. ^ "Social Causes of the Revolution"
  26. ^ a b Doyle 1989, p. 420.
  27. ^ "Active/Passive Citizen", http://chnm.gmu.edu/revolution/d/75/.
  28. ^ De Gouges, "Declaration of the Rights of Women", 1791.
  29. ^ Dalton 2001, p. 1.
  30. ^ Levy and Applewhite 2002, pp. 319–20, 324.
  31. ^ https://chnm.gmu.edu/revolution/d/629/
  32. ^ Williams, Helen Maria; Neil Fraistat; Susan Sniader Lanser; David Brookshire (2001). Letters written in France. Broadview Press Ltd. p. 246. ISBN 978-1-55111-255-8.
  33. ^ Lauren, Paul Gordon (2003). The evolution of international human rights. University of Pennsylvania Press. pp. 18–20. ISBN 978-0-8122-1854-1.
  34. ^ Naish, Camille (1991). Death comes to the maiden: Sex and Execution, 1431–1933. Routledge. p. 136. ISBN 978-0-415-05585-7.
  35. ^ Naish, Camille (1991). Death comes to the maiden: Sex and Execution, 1431–1933. Routledge. p. 137. ISBN 978-0-415-05585-7.
  36. ^ The club of reactionary colonial proprietors meeting since July 1789 were opposed to representation in the Assemblée of France's overseas dominions, for fear "that this would expose delicate colonial issues to the hazards of debate in the Assembly", as Robin Blackburn expressed it (Blackburn, The Overthrow of Colonial Slavery, 1776–1848 [1988:174f]); see also the speech of Jean-Baptiste Belley
  37. ^ Cf. Heinrich August Winkler (2012), Geschichte des Westens. Von den Anfängen in der Antike bis zum 20. Jahrhundert, Third Edition, Munich (Germany), p. 386

References

  • Jack Censer and Lynn Hunt, Liberty, Equality, Fraternity: Exploring the French Revolution, University Park: Pennsylvania State University Press, 2001.
  • Susan Dalton, Gender and the Shifting Ground of Revolutionary Politics: The Case of Madame Roland, Canadian Journal of History, 36, no. 2 (2001): 259–83.
  • William Doyle, The Oxford History of the French Revolution, Oxford: Oxford University Press, 1989.
  • Darline Levy and Harriet Applewhite, A Political Revolution for Women? The Case of Paris, In The French Revolution: conflicting interpretations. 5th ed. Malabar, Fla.: Krieger Pub. Co., 2002. 317–46.
  • Jeremy Popkin, A History of Modern France, Upper Saddle River: Pearson Education, Inc., 2006.
  • "Active Citizen/Passive Citizen", Liberty, Equality, Fraternity: Exploring the French Revolution (accessed 30 October 2011).

Other languages

  • Giorgio Del Vecchio, La déclaration des droits de l'homme et du citoyen dans la Révolution française: contributions à l’histoire de la civilisation européenne, Librairie générale de droit et de jurisprudence, Paris,1968.
  • Stéphane Rials, ed, La déclaration des droits de l'homme et du citoyen, Hachette, Paris, 1988, ISBN 2-01-014671-9.
  • Claude-Albert Colliard, La déclaration des droits de l'homme et du citoyen de 1789, La Documentation française, Paris, 1990, ISBN 2-11-002329-5.
  • Gérard Conac, Marc Debene, Gérard Teboul, eds, La Déclaration des droits de l'homme et du citoyen de 1789; histoire, analyse et commentaires, Economica, Paris, 1993, ISBN 978-2-7178-2483-4.
  • Realino Marra, La giustizia penale nei princìpi del 1789, «Materiali per una storia della cultura giuridica», XXXI–2, 2001, 353–64.

Further reading

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