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What is the main content of the French Declaration of Human Rights?

The Declaration of the Rights of Man (the Declaration of the Rights of Man and Citizen, promulgated on August 26, 1789) is a programmatic document promulgated during the French Revolution. It proclaimed the basic principles of human rights, rule of law, freedom, separation of powers, equality, and protection of private property.

German scholar Georg Jellinek believes that the Declaration of Human Rights is modeled on the bills of rights of the US state constitutions, and even “basically copied from the bills of rights of North American states”, while French scholar Emile Boutmy believes that The Declaration of Human Rights is a French text, originally French, and the British Bill of Rights is derived from the “18th century spirit” of the European continent.

There is still no consensus in the academic community on this point. To be sure, the Manifesto did adopt the 18th century doctrine of the Enlightenment and the right of nature. It declares that liberty, property, security, and resistance to oppression are inalienable human rights, affirms freedom of speech, belief, writing, and the press, and clarifies the principles of separation of powers, equality before the law, and the sanctity of private property.

History background

The French Revolution broke out on July 14, 1789, and the Bourbon dynasty that had ruled France for centuries and the monarchy under its rule collapsed within three years.

France underwent an epic transformation during this period: the aristocracy and religious privileges of the past were constantly under attack by liberal political organizations and the people who took to the streets to protest, and old ideas were gradually replaced by new democratic rights such as natural rights and separation of powers. replaced by ideas. There are so many opinions in the world historian circle about the time of the end of the French Revolution, and it is difficult to reach a consensus.

Main content

1. Preface

The representatives of the French people who formed the National Assembly, believing that ignorance, neglect and contempt for human rights were the only cause of public calamity and corruption of government, decided to present in a solemn declaration the natural, inalienable and sacred of mankind. so that this manifesto, which is always present before all members of society, may continually remind them of their rights and duties; so that the actions of legislative and executive power may be compared at all times with the aims of all political systems, thereby more respected; so that the future demands of the citizens, based on simple and indisputable principles, will always lead to the preservation of the Constitution and to the happiness of the whole.

Therefore, the National Assembly, before God and under his protection, recognizes and proclaims the following human and civil rights.

2. Text

Article 1 Men are born and remain free and equal in rights. Social differences can only be established on the basis of public welfare.

Article 2 All political unions are aimed at safeguarding the natural and timeless rights of human beings. These rights are liberty, property, security and resistance to oppression.

Article 3 The origin of the whole of sovereignty is essentially in the nation (La Nation). No group or individual may exercise powers not expressly granted by the citizens.

Article 4 Freedom is the ability to do all that is harmless to others; therefore, the exercise of every man’s natural right is limited only by the assurance of the same rights to the rest of the community. Such limitations can only be determined by law.

Article 5 The law only has the power to prohibit acts harmful to society. No act which is not prohibited by law shall be hindered, and no one shall be compelled to do anything not required by law.

Article 6 law is the expression of the general will (la volontégénérale). Every citizen has the right to participate in the making of laws in person or by his representatives. The law protects and punishes all people the same way. All citizens, equal in the eyes of the law, may equally hold all public offices, offices and offices according to their abilities, without distinction of any kind save their virtues and talents.

Article 7 No one shall be charged, arrested or detained except in the circumstances established by law and in accordance with the procedures prescribed by law. Anyone who asks to issue, transmit, execute, or cause to be executed any arbitrary order shall be punished; but any citizen summoned or arrested under the law shall obey immediately, and it shall be a crime to resist.

Article 8 The law shall only establish penalties which are truly and manifestly necessary, and no one shall be punished unless he is lawfully punished under a law which has been passed and promulgated before the offence is committed.

Article 9 All persons shall be presumed innocent until they are convicted, and even if arrest is deemed necessary, all harsh means necessary for the detainee’s body shall be severely punished by the law.

Article 10 No one shall be interfered with for his opinions or even his religious views, provided that their expression does not disturb the public order established by the law.

Article 11 The free exchange of ideas and opinions is one of the most precious human rights. Therefore, every citizen is free to speak, write and publish, but should be held liable for the abuse of this freedom under the circumstances prescribed by law.

Article 12 The protection of human and civil rights requires public armed forces. This power is therefore established for the well-being of the whole and not for the personal interests of those appointed to it.

Article 13 Public taxation is indispensable for the maintenance of the public armed forces and the expenditure of the administration. Taxes should be apportioned equally among all citizens according to their abilities.

Article 14 All citizens shall have the right to decide, in person or by their representatives, the necessity of public taxation, to approve it freely, to know its purpose, and to determine the rate of taxation, the tax base, the manner and duration of collection.

Article 15 The society has the right to require all public servants to report their administrative work.

Article 16 In any society, where rights are not guaranteed or the separation of powers is not established, there is no constitution at all.

Article 17 Property is an inviolable and sacred right, unless a legitimately recognized public need expressly requires it, and no one can be deprived of property on the basis of justice and advance compensation.

Historical meaning

The Declaration of Human Rights reveals the natural human rights, the principles of freedom and equality, denies the feudal hierarchy, embodies the demand for destroying the feudal autocratic monarchy, and becomes an ideological weapon for the bourgeoisie to seize and consolidate political power. It actually declares the demise of the old feudal monarchy. and the birth of the bourgeois political system.

The publication of the Declaration of Human Rights shows that the French bourgeoisie replaced the feudal privileges marked by the monarch’s individual will with bourgeois rights based on law. This is a fundamental change in the political and legal realms.

As the programmatic document of the bourgeois revolution, it carried forward the Enlightenment thought and fixed it in the form of law, playing a huge role in inheriting the past and opening up the future, especially on the bourgeois revolution or reform in Europe and America.

It also promoted the development of democratic thinking in many other countries and the process of democratization of the world bourgeoisie. The revolutionary ideas and doctrines of the French bourgeoisie have had varying degrees of influence on the revolutions in Asia and China.