Declaration of the Rights of Man and of the Citizen: Revolutionary patriotism borrows familiar iconography of the Ten Commandments

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. It was adopted August 26, 1789, by the National Constituent Assembly (Assemblée nationale constituante), as the first step toward writing a constitution. Download high resolution version (476x604, 46 KB) Wikipedia does not have an article with this exact name. ... Download high resolution version (476x604, 46 KB) Wikipedia does not have an article with this exact name. ... Jump to: navigation, search During the French Revolution (1789-1799) democracy and republicanism overthrew the absolute monarchy in France, and the French portion of the Roman Catholic Church was forced to undergo radical restructuring. ... Jump to: navigation, search August 26 is the 238th day of the year in the Gregorian Calendar (239th in leap years). ... 1789 was a common year starting on Thursday (see link for calendar). ... The National Constituent Assembly (French: Assemblée nationale constituante) was formed from the National Assembly on July 9, 1789, during the first stages of the French Revolution. ...

Unlike the United States Bill of Rights, it is intended to be of universal value. It sets forth fundamental rights not only of French citizens but acknowledges these rights to all men without exception: Jump to: navigation, search United States Bill of Rights The Bill of Rights is the name given to the first ten amendments of the United States Constitution. ...

"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.

Adoption of the Declaration

At the time 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. Marie-Joseph-Paul-Roch-Yves-Gilbert du Motier, marquis de La Fayette (September 6, 1757–May 20, 1834), was a French aristocrat most famous for his participation in the American Revolutionary War and early French Revolution. ... Absolute monarchy is an idealized form of government, a monarchy where the ruler has the power to rule his or her country and citizens freely with no laws or legally-organized direct opposition telling him or her what to do, although some religious authority may be able to discourage the... A constitutional monarchy is a form of monarchical government established under a constitutional system which acknowledges a hereditary or elected monarch as head of state. ... Jump to: navigation, search Ancien Régime means Old Rule or Old Order in French; in English, the term refers primarily to the social and political system established in France under the Valois and Bourbon dynasties. ... In a broad definition a republic is a state or country that is led by people who do not base their political power on any principle beyond the control of the people living in that state or country. ...

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. It may have also been based on the U.S. Declaration of Independence and the Virginia Declaration of Rights developed by George Mason, which was itself based on the English 1689 Bill of Rights. The Age of Enlightenment refers to the 18th century in European philosophy, and is often thought of as part of a larger period which includes the Age of Reason. ... Jump to: navigation, search Individualism is a political and social philosophy, which emphasizes individual liberty, belief in the primary importance of the individual, and in the virtues of self-reliance and personal independence. Individualism embraces opposition to authority (except for other individualists, which are worshipped as heroes), and to all... For political policies of the same name see Bob Raes Social Contract (Ontario) and Harold Wilsons Social Contract (Britain) Social contract is a phrase used in philosophy, political science, and sociology to denote a real or hypothetical agreement within a state regarding the rights and responsibilities of the... Jean-Jacques Rousseau (June 28, 1712 – July 2, 1778) was a Franco-Swiss philosopher, writer, political theorist, and self-taught composer of The Age of Enlightenment. ... Jump to: navigation, search Separation of powers is the idea that the powers of a sovereign government should be split between two or more strongly independent entities, preventing any one person or group from gaining too much power. ... Charles de Secondat, Baron de Montesquieu Charles-Louis de Secondat, Baron de La Brède et de Montesquieu (January 18, 1689 – February 10, 1755) was a French political thinker who lived during the Enlightenment and is famous for his articulation of the theory of separation of powers, taken for granted... U.S. Declaration of Independence The Declaration of Independence is a document in which the Thirteen Colonies declared themselves independent of the Kingdom of Great Britain and explained their justifications for doing so. ... The Virginia Declaration of Rights is a declaration by the Virginia Convention of Delegates of rights of individuals and a call for independence from Britain. ... Jump to: navigation, search An etching of George Mason George Mason (December 11, 1725 – October 7, 1792) was a United States patriot, statesman, and delegate from Virginia to the U.S. Constitutional Convention. ... The Bill of Rights 1689 is an English Act of Parliament with the long title An Act Declaring the Rights and Liberties of the Subject and Settling the Succession of the Crown and known colloquially in the UK as the Bill of Rights. ...

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: Jump to: navigation, search The storming of the Bastille on July 14, 1789 was an important development in, and later a symbol of, the French Revolution. ... The French Revolution was a period in the history of France covering the years 1789 to 1799, in which republicans overthrew the Bourbon monarchy and the Roman Catholic Church perforce underwent radical restructuring. ... Popular sovereignty is the doctrine that government is created by and subject to the will of the people, who are the source of all political power. ... Equal opportunity is a descriptive term for an approach intended to give equal access to an environment or benefits, such as education, employment, health care, or social welfare to all, often with emphasis on members of various social groups which might have at some time suffered from discrimination. ...

"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, where the political doctrine of the monarchy found the source of law in the divine right of kings. Sovereignty is the exclusive right to exercise supreme authority over a geographic region, group of people or oneself. ... The Divine Right of Kings is a European political and religious doctrine of political absolutism. ...

(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 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. The Estates-General of 1789 was the first meeting of the French Estates-General, a general assembly consisting of representatives from all but the poorest segment of the French citizenry, since 1614. ... Jump to: navigation, search The Catholic Church, also known as the Roman Catholic Church, is the largest church or organizational body of Christians, with a membership of over one billion people worldwide. ... // English Title of Nobility (footnotes at bottom of entry) From the beginning, English law hardly knew anything of a noble or a gentle class. ... In France of the ancien régime and the age of the French Revolution, the term Third Estate (tiers état) indicated the generality of people which were not part of the clergy (the First Estate) nor of the nobility (the Second Estate). ...

All citizens are to be guaranteed the rights of "liberty, property, safety, and resistance against 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". It has been suggested that this article or section be merged with Jean-Jacques Rousseau. ...

The Declaration also put forward several provisions similar to the United States Constitution and Bill of Rights, which date from the same year. 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. Like the U.S. Bill of Rights, it provides against ex post facto application of criminal law and puts forward such principles as presumption of innocence, 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: Jump to: navigation, search Page I of the Constitution of the United States of America Page II of the United States Constitution Page III of the United States Constitution Page IV of the United States Constitution The Syng inkstand, with which the Constitution was signed The Constitution of the United... Jump to: navigation, search United States Bill of Rights The Bill of Rights is the name given to the first ten amendments of the United States Constitution. ... Accountability has several meanings and is the subject of a broad debate among students of modern governance. ... An ex post facto law (Latin for from a thing done afterward), also known as a retrospective law, is a law that is retroactive, i. ... Jump to: navigation, search Presumption of innocence is an essential right that the accused enjoys in criminal trials in all countries respecting human rights. ... A public demonstration Freedom of speech is often regarded as an integral concept in modern liberal democracies, where it is understood to outlaw censorship. ... Freedom of the press (or press freedom) is the guarantee by a government of free public speech for its citizens and their associations, extended to members of news gathering organizations, and their published reporting. ... Freedom of religion is a modern legal concept of being free as a matter of right, while freedom of worship is based upon the free expression of that right. ... Jump to: navigation, search Eminent domain (US), compulsory purchase (England and Wales), compulsory acquisition (Australia) or expropriation (South Africa) in common law legal systems is the power of the state to appropriate private property for its own use without the owners consent. ...

"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]."

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"). The preamble (Med. ... The current Constitution of France was adopted on October 4, 1958, and has been amended 17 times, most recently on March 28, 2003. ... Jump to: navigation, search October 4 is the 277th day of the year (278th in Leap years). ... Jump to: navigation, search 1958 was a common year starting on Wednesday of the Gregorian calendar. ... 2005 is a common year starting on Saturday of the Gregorian calendar. ... Jump to: navigation, search A republican guard giving directions to visitors at the front entrance of the Constitutional Council The Constitutional Council (Conseil Constitutionnel) was established by the Constitution of the Fifth Republic on 4 October 1958. ... In France, the Conseil dÉtat (English: Council of State and sometimes Counsel of State) is an organ of the French national government. ...

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 government is prohibited from putting legal constraints on the formation of associations, because freedom of assembly is seen as a basic right.

Affirmative action (US English), or positive discrimination (British English), is a policy or a program providing advantages for people of a minority group who are seen to have traditionally been discriminated against. ... Association is the following: A voluntary association (also sometimes called an association) is a group of individuals who voluntarily enter into an agreement, explicit or implicit, to form or act as a body (or organization) to accomplish a purpose. ...

See also

• Politics of France
• Universal Declaration of Human Rights

Wikisource has original text related to this article:

Declaration of the Rights of Man and of the Citizen