Declaration of the human rights and the citizen of 1793

The Declaration of the human rights and the citizen of 1793 was written by a commission to which belongbelonged Saint-Just and Herault de Séchelle.

The paternity of the text is often allotted for its major part to Herault de Séchelle whose style but especially writing is found on the majority of the working papers of this commission. The latter also led to the Constitution of year I which was never applied but whose application was often claimed by the left Frenchwoman until the beginning of the 20th century. Besides the first project of Constitution of 1946 refers to this declaration of the rights.

What distinguishes the Declaration from 1793 of that of 1789, it is the levelling tendency which is expressed there.

Equality, first natural right of the Man

The equality is the watchword of the Declaration of 1793. Thus as of article 3 is expected that " all the men are equal by nature and in front of the loi". The equality is also the first right presented to article 2 (then freedom, safety and finally the property come). For the writers of the Declaration of 1793, the equality is not only civil (in rights), but also natural (article 3). There exist however at the time a thought according to which, freedom and equality can quickly become contradictory: indeed freedom does nothing but increase the social inequalities, insofar as there exist natural inequalities. If the State is satisfied to make respect freedom, and to proclaim the natural equality, in the long term freedom will be right of the equality. The question which installation is to know how one can level the inequalities, how one can compensate for them. Thus article 21 proclaims the right of any citizen to the public assistance, this article recognizes that the company is indebted to the citizen of an assistance, of a right to work, each citizen under the terms of the Declaration can thus assert a work. The invalids as for them will be dealt with by the State. Article 22, as for him, proclaims the right to the instruction, ensured by a new education system charged to recover the load in the past assumed by the Church. These rights belong to what one calls the second generation of the human rights, of the economic rights and social. These rights, this natural equality, suppose an increased intervention of the State, which is in agreement with the goal that it sets at the article first: " happiness commun".

The respect of freedom

Freedom is the source of the inequality (influence of Rousseau) individual freedom however is maintained and east can be even better defined than in the Declaration of 1789. Indeed the Declaration of 1793 envisages freedom of worship, the freedom of trade and industry (recognized without any limit), freedom of the press (pareillement unlimited), freedom to meet in popular companies (article 122) and finally the right of petition (article 32).

Popular insurrection: right more crowned, the most essential duty

The right to resistance against oppression is emphasized in the Declaration of 1793, it occupies three articles, which specify its form and its extent. Even when this oppression reaches one individual, resistance is possible. This resistance can be passive (strike) as well as active (demonstration). The Declaration recognizes the popular insurrection against an oppressive, tyrannical and despotic capacity like a duty. This article is also used to legitimate on August 10th, 1792, at the time which the Commune of Paris transformed into insurrectionary Commune obtained the fall of the king.

The sovereignty of the people

Article 25 of the Declaration of 1793 specifies that sovereignty lies well in the people. The Declaration of 1789 spoke simply about national sovereignty.

See too

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