Declaration of the Rights of Man: Principles & Impact
Declaration of the Rights of Man: August 26, 1789
Space-time situation: August 26, 1789
Location: French Revolution Paper
Author: Unknown
Main Ideas
The Declaration sets out the principles that will underlie the legitimacy of the new society. Each article condemns the principles, institutions, and practices of the ancien régime: “The principle of all sovereignty resides essentially in the nation.” The Declaration on the Rights of Man and Citizen considered legitimate revolt of MEPs against the monarchy, declaring inalienable right of man as “resistance to oppression.” The Declaration is general and forward-looking.
Constituents listed the “inherent rights of human nature, which are not rights created by the revolutionaries, but they are entitlements.” No mention, however, of social rights, which come from a different definition of the word “right.” The declaration determines the legitimacy of the acts, while social rights guarantee defined materials. Members of the Constituent Assembly handled general ideas and theoretical concepts but did not define the specific conditions that needed to establish the people’s government. Transcendental principles raised, but did not specify anything about its practical application. This text will serve as the basis for all schemes which fall within a Republican tradition.
The Declaration of 1789 has inspired a number of similar texts in Europe and Latin America. The tradition inherited from the French Revolution is also present in the European Convention on Human Rights, signed in Rome on November 4, 1950.
Secondary Ideas
Article 2 lists the natural and inalienable rights of man, which predate the established powers and are considered applicable in any place and any time:
- Freedom
- Property
- Security
- Resistance to oppression
Many articles are devoted to freedom:
- Article 1: “Men are born and remain free and equal in rights.”
- Articles 4 and 5 attempt to define and circumscribe freedom. It is defined as “what does not hurt anybody,” and only the law can set limits.
- Articles 7, 8, and 9 specify the characteristics of individual freedom: presumption of innocence and non-retroactivity of the law.
- Articles 10 and 11 refer to freedom of speech, press, and conscience.
The principle of equality is laid down in Article I, equal to the Treasury in Article 13 (in response to the most repeated claim in the Journal of complaints), and equality before the law in Article 6 (equal to access to public office only on the basis of individual capacities).
The property is an inviolable and sacred right (Article 17). According to the article, “No one shall be deprived thereof except where public necessity, legally established, with evidence required and the condition of a just and prior compensation.”
The items that define the city within the organization of the political system are less accurate and are conditioned by the suspicion of the Old Regime.
Article 6 states that the law is the expression of general will, the expression of sovereignty and the source of the government. Article 16 stipulates the separation of powers. According to article 15, public officials are responsible for management, and society has the right to ask them accountable for it.