August, 1789:
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:
1. Men are born and remain free and equal in rights. Social distinctions may
be founded only upon the general good.
2. 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.
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; 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
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 such 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 to whom they shall
be intrusted.
13. 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.
14. 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.
15. Society has the right to require of every public
agent 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 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.