Declaration of the rights and the duties of the man and the citizen of 1795

The Declaration of the rights and duties of the man and the citizen of 1795 corresponds to the preamble to the Constitution of the 5 fructidor year III (August 22nd, 1795) from where its other name, Déclaration of year III .

The Droit S proclaimed are partly taken again Déclaration of 1793 but they are distinguished some in many connections, in particular being the political and social rights. The declaration removes the mention thus declaring all the men " equal by nature and in front of the Law " (article 3 of 1793), logical suppression since it comes in preamble to a Constitution which recognizes the Suffrage censitaire. Nevertheless, even if the text of 1795 mentions nothing any more but the men " are born and remain free and equal in droit" , the Esclavage remains abolished following the decision of the Convention of January 5th, 1794 (16 Nivôse year II). The text of 1795 also gives up defending the religious liberties and of opinion of the preceding declarations (articles X to XII of 1789, article 7 of 1793).

Anxious to maintain the order, the Constituants found for the first time of the Owe S with the declaration of the rights which are essentially general information without much legal consequences nor philosophical but reaffirming the duties of the legislator. Many articles state precepts of good behavior. Thus article 4 reads " No one is not good citizen, if it is not good wire, good father, good brother, good friend, good époux" .

The declaration of 1795 thus marks a rupture compared to the version of 1789, but especially with that of 1793. It is indeed resulting from the stormy debates within the Convention thermidorienne, marked by the dismissal of the revolutionary government of Robespierre, Thermidor 9 year II (July 27th, 1794) and carries the print of a middle-class assembly.

In spite of these discussed characteristics sometimes taxed reactionaries compared to the spirit with the Lights which animated the Révolution, the Declaration of 1795 and the debates generated around the Constitution of year III will play a great part in the constitution of the constitutional Law French. Among the great principles introduced by the Declaration of 1795, one can evoke the Séparation of the capacities (article 22) or the military concept of Réserve for the defense of the fatherland.

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