DECLARATION
OF THE RIGHTS OF MAN
AND OF CITIZENS
BY THE NATIONAL ASSEMBLY
OF FRANCE
VOTED ON AUGUST 26, 1789
The representatives of the French people, formed into a National Assembly, deem that ignorance, neglect, or contempt of the rights of man, are the sole causes of public misfortunes and of the corruption of governments. They resolved to publish in a solemn declaration the natural, inalienable, and sacred rights of man so that this declaration, continually present before all members of the social body, will constantly remind them of their rights and duties. The laws of the legislative bodies and the decrees of the executive authorities, which can at each instance be compared with the purpose of every political institution, will thus be more respected, so that the future claims of citizens, based on simple and incontestable principles, will always lead to the preservation of the Constitution and to the happiness of all.
For these reasons, the National Assembly recognizes and declares, in the presence and under the auspices of the Supreme Being, the following rights of man and citizens:
First Article: Men are born and con- tinue to be free by possessing equal rights. Social distinctions may be based only on general utility.
Second Article: Every political association has as its purpose the conservation of the natural and inviolable rights of man. These rights are liberty, property, security, and resistance to oppression.
Third Article: The source of all sovereignty lies essentially in the nation. No association or individual may exercise authority that does not explicitly proceed from it.
Fourth Article: Liberty consists in being able to do whatever does not harm another. Thus the exercise of the natural rights of each man has no other limits than those which guarantee the other members of society the exer- cise of these same rights. These limits can only be specified by law.
Fifth Article: The law has the right only to prohibit actions harmful to society. Whatever the law does not prohibit may not be prevented, and no one may be compelled to do what it does not prescribe.
Sixth Article: The law manifests the general will. All citizens have the right to participate in its formation directly or by their representative. It should be the same for all, whether it protects or punishes. All citizens, since they are equal in its eyes, are equally admissible to every rank, office, and public employment, according to their competencies and without any other distinction than that of their integrity and talents.
Seventh Article: No man may be in- dicted, arrested, or jailed, except for matters deter- mined by law, and following the procedures that it prescribes. Those who solicit, expedite, execute, or cause the execution of arbitrary orders, ought to be punished; but every citizen summoned or subpoenaed in the name of the law ought to obey instantly; resistance renders a citizen culpable.
Eighth Article: The law ought to establish no other penalties than those that are strictly and obviously necessary. No one may be punished except under the terms of a law that is established and published before the offense and enforced legally.
Ninth Article: Every man is presumed innocent until found guilty. If it is judged essen- tial to arrest a man, any duress not necessary to restrain him should be severely curbed by the law.
Tenth Article: No one should be harassed for personal opinions, even for religious ones, provided that their disclosure does not infringe on the public order established by the law.
Eleventh Article: Free communication of thoughts and opinions is one of the most precious rights of man. Every citizen may speak, write, and publish freely, except when accountable for an abuse of this liberty in cases established by the law.
Twelfth Article: Guarantee of the rights of man and of citizens requires a police force. This force is established for the benefit of all, not for the particular use of those to whom it is entrusted.
Thirteenth Article: A public tax is essen- tial to maintain the police force and to defray administrative expenses. It should be divided equally among all citizens in proportion to their resources.
Fourteenth Article: All citizens have the right to ascertain either by themselves or their representatives the necessity of a public tax and freely authorize it, attend to its use, and determine its allotment, amount, payment, and duration.
Fifteenth Article: Society has the right to require of all public agents an account of their administration.
Sixteenth Article: Any society in which the guarantee of rights is not assured and the separation of powers is not established has no constitution at all.
Seventeenth Article: Since property is an inviolable and sacred right, no one may be deprived of it unless public necessity deter-mined by the law clearly requires it on the condition of a just and prior compensation.
OF THE RIGHTS OF MAN
AND OF CITIZENS
BY THE NATIONAL ASSEMBLY
OF FRANCE
VOTED ON AUGUST 26, 1789
The representatives of the French people, formed into a National Assembly, deem that ignorance, neglect, or contempt of the rights of man, are the sole causes of public misfortunes and of the corruption of governments. They resolved to publish in a solemn declaration the natural, inalienable, and sacred rights of man so that this declaration, continually present before all members of the social body, will constantly remind them of their rights and duties. The laws of the legislative bodies and the decrees of the executive authorities, which can at each instance be compared with the purpose of every political institution, will thus be more respected, so that the future claims of citizens, based on simple and incontestable principles, will always lead to the preservation of the Constitution and to the happiness of all.
For these reasons, the National Assembly recognizes and declares, in the presence and under the auspices of the Supreme Being, the following rights of man and citizens:
First Article: Men are born and con- tinue to be free by possessing equal rights. Social distinctions may be based only on general utility.
Second Article: Every political association has as its purpose the conservation of the natural and inviolable rights of man. These rights are liberty, property, security, and resistance to oppression.
Third Article: The source of all sovereignty lies essentially in the nation. No association or individual may exercise authority that does not explicitly proceed from it.
Fourth Article: Liberty consists in being able to do whatever does not harm another. Thus the exercise of the natural rights of each man has no other limits than those which guarantee the other members of society the exer- cise of these same rights. These limits can only be specified by law.
Fifth Article: The law has the right only to prohibit actions harmful to society. Whatever the law does not prohibit may not be prevented, and no one may be compelled to do what it does not prescribe.
Sixth Article: The law manifests the general will. All citizens have the right to participate in its formation directly or by their representative. It should be the same for all, whether it protects or punishes. All citizens, since they are equal in its eyes, are equally admissible to every rank, office, and public employment, according to their competencies and without any other distinction than that of their integrity and talents.
Seventh Article: No man may be in- dicted, arrested, or jailed, except for matters deter- mined by law, and following the procedures that it prescribes. Those who solicit, expedite, execute, or cause the execution of arbitrary orders, ought to be punished; but every citizen summoned or subpoenaed in the name of the law ought to obey instantly; resistance renders a citizen culpable.
Eighth Article: The law ought to establish no other penalties than those that are strictly and obviously necessary. No one may be punished except under the terms of a law that is established and published before the offense and enforced legally.
Ninth Article: Every man is presumed innocent until found guilty. If it is judged essen- tial to arrest a man, any duress not necessary to restrain him should be severely curbed by the law.
Tenth Article: No one should be harassed for personal opinions, even for religious ones, provided that their disclosure does not infringe on the public order established by the law.
Eleventh Article: Free communication of thoughts and opinions is one of the most precious rights of man. Every citizen may speak, write, and publish freely, except when accountable for an abuse of this liberty in cases established by the law.
Twelfth Article: Guarantee of the rights of man and of citizens requires a police force. This force is established for the benefit of all, not for the particular use of those to whom it is entrusted.
Thirteenth Article: A public tax is essen- tial to maintain the police force and to defray administrative expenses. It should be divided equally among all citizens in proportion to their resources.
Fourteenth Article: All citizens have the right to ascertain either by themselves or their representatives the necessity of a public tax and freely authorize it, attend to its use, and determine its allotment, amount, payment, and duration.
Fifteenth Article: Society has the right to require of all public agents an account of their administration.
Sixteenth Article: Any society in which the guarantee of rights is not assured and the separation of powers is not established has no constitution at all.
Seventeenth Article: Since property is an inviolable and sacred right, no one may be deprived of it unless public necessity deter-mined by the law clearly requires it on the condition of a just and prior compensation.
