Primary Sources: Declaration of the Rights of Man

Transcription

1 Primary Sources: Declaration of the Rights of Man By Original document from the public domain, adapted by Newsela staff on Word Count 886 This representation of the Declaration of the Rights of Man and of the Citizen, painted in 1789, includes the "eye of providence" symbol (an eye in triangle). Photo: Jean-Jacques-François Le Barbier Editor's Note: After fighting in the Seven Years' War and the American Revolutionary War, the French government was deeply in debt. It tried to recover financially by passing unpopular taxes. Additionally, due to food shortages across the country, the French people grew frustrated with the aristocracy who still enjoyed lives of luxury. People started to demand a new constitution and started a revolution to overthrow the monarchy. The Declaration of the Rights of Man was the first step toward writing a constitution for France. It was adopted by the National Constituent Assembly on August 26, The representatives of the French people, organized as a National Assembly, believe that ignoring or disrespecting the rights of man is the sole cause of public calamities and of the corruption of governments. They have therefore determined to set forth in a solemn declaration of the natural and sacred rights of man. It is hoped that this declaration, being constantly before all the members of society, shall remind the people continually of their rights and duties. Furthermore, the acts of the legislative power, as well as those of the executive power, may be compared at any

2 moment with the rights set forth in this declaration and may thus be more respected. Lastly, the grievances of citizens can be based from now on upon these simple and incontestable principles, and shall help maintain the general happiness and rule of law. Therefore the National Assembly recognizes and proclaims, in the presence of God, the following rights of man and of the citizen: Articles: 1. Men are born and remain free and equal in rights. Social distinctions should only be made between them if those distinctions serve the general good. 2. The aim of all political association is the preservation of the natural rights of man. These rights are liberty, property, security and resistance to oppression. 3. 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. 4. Liberty consists in the freedom to do everything which injures no one else. Therefore, the natural rights of each man have no limits except those which protect the rights of other members of society, and these limits can only be determined by law. 5. Law can only prohibit actions that 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. 6. Law is the expression of the will of the people. Every citizen has a right to participate personally, or through his representative, in the process of lawmaking. The law must be the same for all, whether it protects or punishes. All citizens, being equal in the eyes of the law, are equally eligible for all jobs and positions in society, according to their abilities and without distinction except that of their virtues and talents. 7. No person shall be accused, arrested or imprisoned except in the cases and according to the forms prescribed by law. Anyone 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. 8. The law shall provide for such punishments only as are strictly necessary. No one shall suffer a punishment unless it is required by a law passed and made known before the offense is committed. 9. As all persons are held innocent until they are declared guilty, if an arrest shall be deemed necessary, it shall be carried out in a way that avoids any unnecessary harshness. 10. No one shall be harassed or mistreated on account of his opinions, including his religious views, provided that they do not disturb the public order established by law.

3 11. 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 any abuses of this freedom as shall be defined by law. 12. 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 in charge of military powers. 13. Taxes are essential for the maintenance of the public forces and for the cost of administration, so they should be fairly distributed among all the citizens in proportion to their means. 14. All the citizens have a right to decide, either personally or by their representatives, as to the necessity of taxes, the mode of collection and duration of taxes and to know the uses to which tax contributions are put. 15. Society has the right to require of every government worker an account of his administration. 16. A society in which the observance of the law is not assured, nor the separation of powers defined, has no constitution at all. 17. Since property is a sacred right, no one shall be deprived of it except where public necessity shall clearly demand it, and then only on the condition that the owner shall have been paid for the property. Approved by the National Assembly of France, August 26, 1789.

4 Quiz 1 Read the paragraph from the declaration. The representatives of the French people, organized as a National Assembly, believe that ignoring or disrespecting the rights of man is the sole cause of public calamities and of the corruption of governments. They have therefore determined to set forth in a solemn declaration of the natural and sacred rights of man. What can be inferred from the text above? The French people were unhappy with their government until they were allowed to form the National Assembly to make laws for them. The French people blamed their misfortune on the government, even though it was doing everything it could to help them assemble. The representatives wanted to explain the basic rights of individuals to other countries whose governments were mistreating people. The representatives felt that their previous government was dishonest and wanted to create a new one based on protecting individual rights. 2 Which idea is BEST supported by the text in Article 6? All people must be treated equally under the law. People are guaranteed jobs if they work hard enough. New laws cannot be made without a public vote. Law should only protect people, not punish them.

5 3 Which option provides an accurate and objective summary of the declaration? The declaration states that the government is corrupt and unfair. It lists the rights violated by the government and demands that the leaders step down and allow a new government to take over and create laws that protect all people, regardless of their social class. The declaration states that the rights of the individual should be guaranteed so long as they do not infringe upon the rights of others. It demands that government protect all citizens rights to speak freely, have a say in laws and taxes, and be treated fairly under the law. The declaration states that the rights of the individual are less important than the rights of society as a whole. It explains what the responsibilities of individual citizens are, including the responsibility to pay taxes and follow the laws established by the government. The declaration states that the government s purpose is to keep law and order in society. It explains that government must sometimes restrict free speech or collect unwanted taxes in order to benefit the country as a whole and to ensure the well-being of everyone. 4 Which Article BEST supports the main idea that it is against the rights of man for a government to tax its citizens without their consent? 1. 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 in charge of military powers. 1. Taxes are essential for the maintenance of the public forces and for the cost of administration, so they should be fairly distributed among all the citizens in proportion to their means. 1. All the citizens have a right to decide, either personally or by their representatives, as to the necessity of taxes, the mode of collection and duration of taxes and to know the uses to which tax contributions are put. 1. Since property is a sacred right, no one shall be deprived of it except where public necessity shall clearly demand it, and then only on the condition that the owner shall have been paid for the property.