Declaration of the Rights of Man and of the Citizen
Approved by the National Assembly of France, August 26, 1789
The representatives of the French people, organized as a National Assembly,
believing that the ignorance, neglect, or contempt of the rights of man are
the sole cause of public calamities and of the corruption of governments,
have determined to set forth in a solemn declaration the natural,
unalienable, and sacred rights of man, in order that this declaration,
being constantly before all the members of the Social body, shall remind
them continually of their rights and duties; in order that the acts of the
legislative power, as well as those of the executive power, may be compared
at any moment with the objects and purposes of all political institutions
and may thus be more respected, and, lastly, in order that the grievances
of the citizens, based hereafter upon simple and incontestable principles,
shall tend to the maintenance of the constitution and redound to the
happiness of all. Therefore the National Assembly recognizes and
proclaims, in the presence and under the auspices of the Supreme Being, the
following rights of man and of the citizen:
Articles
- Men are born and remain free and equal in rights. Social distinctions
may be founded only upon the general good.
- The aim of all political association is the preservation of the natural
and imprescriptible rights of man. These rights are liberty, property,
security, and resistance to oppression.
- The principle of all sovereignty resides essentially in the nation. No
body nor individual may exercise any authority which does not proceed
directly from the nation.
- Liberty consists in the freedom to do everything which injures no one
else; hence the exercise of the natural rights of each man has no limits
except those which assure to the other members of the society the enjoyment
of the same rights. These limits can only be determined by law.
- Law can only prohibit such actions as are hurtful to society. Nothing
may be prevented which is not forbidden by law, and no one may be forced to
do anything not provided for by law.
- Law is the expression of the general will. Every citizen has a right
to participate personally, or through his representative, in its
foundation. It must be the same for all, whether it protects or punishes.
All citizens, being equal in the eyes of the law, are equally eligible to
all dignities and to all public positions and occupations, according to
their abilities, and without distinction except that of their virtues and
talents.
- No person shall be accused, arrested, or imprisoned except in the cases
and according to the forms prescribed by law. Any one soliciting,
transmitting, executing, or causing to be executed, any arbitrary order,
shall be punished. But any citizen summoned or arrested in virtue of the
law shall submit without delay, as resistance constitutes an offense.
- The law shall provide for such punishments only as are strictly and
obviously necessary, and no one shall suffer punishment except it be
legally inflicted in virtue of a law passed and promulgated before the
commission of the offense.
- As all persons are held innocent until they shall have been declared
guilty, if arrest shall be deemed indispensable, all harshness not
essential to the securing of the prisoner's person shall be severely
repressed by law.
- No one shall be disquieted on account of his opinions, including his
religious views, provided their manifestation does not disturb the public
order established by law.
- The free communication of ideas and opinions is one of the most
precious of the rights of man. Every citizen may, accordingly, speak,
write, and print with freedom, but shall be responsible for such abuses of
this freedom as shall be defined by law.
- The security of the rights of man and of the citizen requires public
military forces. These forces are, therefore, established for the good of
all and not for the personal advantage of those to whom they shall be
entrusted.
- A common contribution is essential for the maintenance of the public
forces and for the cost of administration. This should be equitably
distributed among all the citizens in proportion to their means.
- All the citizens have a right to decide, either personally or by their
representatives, as to the necessity of the public contribution; to grant
this freely; to know to what uses it is put; and to fix the proportion, the
mode of assessment and of collection and the duration of the taxes.
- Society has the right to require of every public agent an account of
his administration.
- A society in which the observance of the law is not assured, nor the
separation of powers defined, has no constitution at all.
- Since property is an inviolable and sacred right, no one shall be
deprived thereof except where public necessity, legally determined, shall
clearly demand it, and then only on condition that the owner shall have
been previously and equitably indemnified.
Updated: 1995 June 23 [rwp]