|
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
intrusted.
- 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.
|