The Declaration of the human rights and the citizen is a collection of fundamental laws which points out public freedoms and which always appears like preamble to the Constitution of October 4th, 1958 of the France.

It “exposes” the natural, inalienable and crowned rights of the man.

Adopted definitively the August 26th 1789, it is, after the decrees of the 4 and August 11th 1789 on the suppression of the feudal right that it includes in its article first, one of the fundamental texts voted by the constituent National Assembly trained following the meeting of the General states.

It was discussed by the French National Assembly under the presidency of the Marquis de Mirabeau from one of the three projects suggested, that of 24 articles written by VIème office.

It comprises a preamble and 17 articles which mix with the provisions concerning the human rights (French) who points out or reinforces public freedoms and laws the Company which is, strictly speaking, components.

The rights known as of the first generation which it defines are primarily connected to the Liberté, in all its forms (first of the natural and civic rights). It does not owe, in that, being confused with the other generations of Declaration of the rights which seek the material equality more and more.

History

The concept of human rights is old, but it evolved/moved during the History. Natural or intrinsic rights to the man are already explicitly mentioned in religious texts (as the Ten Commands which recognizes the Droit to the life, with the Honneur, etc), arts persons (as the play Antigone of Sophocle (is born in 495 or 496 front J. - C.), or purely philosophical (as in the texts of the school of thought of the stoical ).

In particular, the Cylindre of Cyrus (Life front S.J-C) is largely mentioned like the " first charter of the rights of the homme". In 1971, UNO translated it into all its official languages. The cylinder issues the normal topics of the rule Persian: religious tolerance, abolition of slavery, freedom of choice of profession and expansion of empire.

An big event in this evolution was the Magna Carta (1215), considered in the Anglo-Saxon world as the base of the current concept of human right.

The first declaration of the human rights of the modern time is that of the State of Virginia (the United States), written by George Mason and adopted by the Convention of Virginia the June 12th 1776 (called in English the Bill off Rights ).

It was largely copied by Thomas Jefferson for the declaration of the human rights included in the Declaration of Independence of the the United States (July 4th 1776), by the other colonies for the drafting of their declarations of the human rights, and by the French Parliament for the French Declaration of the Human rights and the citizen, as it will have largely inspired the Universal declaration of the Human rights voted by UNO into 1 948.

The National Assembly, as soon as she declared herself constituent, decides to write a declaration. The discussion begins the July 9th and leads to a vote the August 26th, 1789, under the influence of the leaders of the Tiers state and the liberal Nobility. Only ratified the October 5th by Louis XVI under the pressure of the Parliament and the run people with Versailles, the declaration of 1789 will be used as preamble with the first Constitution of the French revolution, adopted in 1791. It is promulgated by the king the November 3rd 1789.

The components consider it necessary to vote for a text containing the general principles of sovereign value legitimating their action. This text summarizes also their program and prepares constitutional work.

On the level of the contents, the DDHC takes as a starting point the declarations of the rights preceding the Constitutions by the various American States, themselves inspired by the tradition of Locke ( Of the civil Government , 1690) and Montesquieu ( Of the Spirit of the Laws , 1750). The Declaration of the Human rights and the citizen is also inspired by the topics of the remonstrances of the Parliaments. It summarizes the liberal individualism developed during the centuries. It is a work of circumstance, a universal proclamation, a text turned towards the past with for precise objective abolishing the Old mode ideologically.

It poses truths principles of the company, bases new legitimacy. Each article condemns the principles, the institutions, the practices of the Old mode (absolutism, centralized administration, criminal system of Old mode): “Sovereignty lies in the Nation”. The Declaration of the Human rights and the citizen legitimates the rebellion of the deputies against the right Monarchie by declaring imprescriptible of the man “resistance to oppression”.

It has a range universal and directed towards the future. The components declare which are the rights which even belong to any individual from nature (Preamble: “right inherent in the human nature” and they are not rights created by the Revolutionists, but noted). It is the result of the philosophy of the Lights of the 18th century turned towards universalism and the abstraction.

The Preamble was written under the influence of Mirabeau, and Mounier, was appointed Third which made adopt the Serment of Jeu de Paume, chief of the “Monarchiens”, in favor of a Constitutional monarchy to English. Mirabeau plays a double game because it protects and affirms with force the principles of the Revolution but touches money of Monarchy to protect the interests from this one. The invocation with the “supreme Being” was added during the meetings to take account of the Christian convictions of almost all the citizens. The preamble is prolonged in article 2 which enumerates the natural and imprescriptible rights of the man, presented according to the design of the Libéralisme of the 18th century:

These natural and imprescriptible rights are former to the established capacities, they are regarded as applicable in any time and any place.

Many articles are devoted to freedom: the article the 1st (“men are born and remain free and equal in rights”, articles 4 and 5 (which seek to define and circumscribe freedom, limited only by the law and defined by “all that does not harm others”), articles 7,8 and 9 (which specify the characters of individual freedom: presumption of innocence, not retroactivity of the law), articles 10 and 11 (Freedom of thought, of press, of conscience). The equality is marked with the article 1st, the equality in front of the tax in article 13 (satisfaction of the claims in the registers of grievances), the equality vis-a-vis the law in article 6 (equality in the access to the public offices without other distinctions that individual capacities).

The property, right natural and imprescriptible of the man (article 2) inviolable and are crowned (article 17). According to this article 17, “No one cannot be private property except legally noted public need and under condition of a Juste and preliminary allowance”. The articles which define the citizen in the organization of the political system much vaguer, and are directed by the distrust with respect to the Old mode. According to article 6, the law is the expression of the general will, the expression of sovereignty, source of the public authorities, which are divided according to article 16 (separation of the capacities). According to article 15, the public agents are responsible for their administration since the company has the right of their asking for account of it. It is not question on the other hand of social rights, which rise from a definition different from the word " droit": the DDHC determines the legitimacy of the acts, whereas the social rights define material guarantees.

This Declaration of the human rights and the citizen opens the way towards the future modes without the writers not realizing any. It makes a sound very definitely laic. All the design of the capacity and the man is foreign with the Christian tradition (paradox in deeply Christian France). It makes a sound very republican: the words of “citizen” and “Nation” replace the words of “King” or “Monarchy”. However, the writers do not think yet of the Republic. It makes a sound democratic: the legal equality is a principle whereas the deputies will direct themselves towards an oligarchical mode. It returns a its libertarian: the proclamation of the right to resistance (right to the revolt) is a principle ordered to justify the Revolution but it is a principle which any mode must draw aside to last.

The Components handle general ideas, theoretical concepts good more than to know the concrete conditions of government of people. They posed principles which transcend their sights and their interests. The Declaration of the human rights and the citizen has a value of hope for all the men. According to the word of Jules Michelet, it constitutes the “creed of the New Age”, but nothing is specified as for its concrete application. This text will be révéré by all the modes which are attached to the republican tradition.

The Declaration of 1789 inspired, at the 19th century, a great number of similar texts in many countries of Europe and Latin America. The French revolutionary tradition is also present in the signed European Convention of the human rights with Rome the November 4th 1950.

Memory of the world

Since 2003, the whole of the various documents having milked with the proclamation and the coming into effect of the text of the Declaration of the Human rights and the citizen is classified by UNESCO on the Liste Memory of the world counting the collections of the documentary inheritance of universal interest, with an aim of ensuring safeguarding of it.

This whole of documents, which take direction one compared to the other, is preserved by the Public records and the National library of France, which made a joint proposal for a classification. It is by their meeting which one includes/understands the range as well symbolic system as policy of the Declaration, as well as the historical context in which it was written.

  • the files have a whole of documents, of which the handwritten original version of the Declaration of the human rights and the citizen of 1789. Confrontation of all the existing alternatives of the text of the Declaration, it arises that one is in the presence of six different states, since the beginning of the debates until the promulgation of the Constitution of 1791 and not, as always seem to indicate it the historians and to let it think the collective memory, of a single text. Also appear in this unit, a ticket autograph of bearing Louis XVI acceptance of the preceding text: “ I accept purely and simply the articles of the Constitution and the Declaration of the Human rights which the National Assembly presented to me . The October 5th 1789. Louis”.

  • the National library has, as for it, the first edition of the Declaration of the human rights and the citizen developed during the summer 1789 by the National Assembly in Paris. This edition is the first element of diffusion near the political community as well as the first printed trace of the first constitutional articles existing in France. In the historical plan, the importance of this specimen is capital. Extract of the official reports of the National Assembly, the 20, 21, 22, 23, 24, August 26th and October 1st 1789, Déclaration of the human rights in S.l.n.d. company (published by Baudoin, printed with Versailles in 1789). This part supplements the whole of the Historical center of the Public records. It is undoubtedly the very first edition of the official reports in question. Indeed, Baudoin, member of the assembly of the Third state of Paris for the election with the General states of 1789, had been named printer of the National Assembly in June 1789 and had been charged with the edition of the impression of the official reports of the meetings.

See too

External bonds

  • Text of the Declaration of the human rights and the citizen of 1789 on the site of the ministry for Justice

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