Lafayette (LA) Daily Advertiser, May 25, 1999

Declaration of Rights of Man

Inspired Fights for Freedom

by Jim Bradshaw

On August 27, 1789, the French National Assembly drew up the Declaration of Rights of Man that gave to Frenchmen at home and in the colonial empire new rights and privileges.

Here is the text of the Declaration

Considering that ignorance, neglect, or contempt of the rights of man are the only causes of public misfortune and the corruption of governments, the representatives of the French people, formed into a National Assembly, have determined to set forth, in a solemn declaration, the natural, unalienable, the sacred rights of man, in order that this declaration, always presents to all members of society, serves as a constant reminder of their rights and their duties; in order that the acts of the legislative and executive branches and continuously compared to the objective of every political institution, thus commanding more respect; and in order that the demands of the citizens, founded henceforth on simple and incontestable principles, may always be directed toward the maintenance of the constitution and the happiness of all.

In consequence whereof, the National Assembly recognizes and proclaims, in the presence and the under the auspices of the Supreme Being , the following Rights of Man and of the Citizen.

ARTICLE 1- Men are born and remain free and equal in rights.  Social distinctions may be based only on consideration of the common good.

ARTICLE 2- The objective of every political association is the preservation of the natural and in alienable rights of man.  These rights are Liberty, Property, Safety, and Resistance to Oppression.

ARTICLE 3- The source of all sovereignty lies essentially in the nation.  No corporate body, no individual may exercise any authority that does not expressly emanate from the entity or individual.

ARTICLE 4- Liberty consists of being able to do anything that does not harm others; thus, the exercise of the natural rights of every man has no bounds except those which ensure the enjoyment of these same rights to other members of society.  These bounds may be determined only by law.

ARTICLE 5- The law has the right to forbid only those actions that are injurious to society.  Nothing that is not forbidden by law may be hindered, and no one may be compelled to do what the law does not ordain.

ARTICLE 6- The law is the expression of the general will.  All citizens have the right to take part in its making, personally, or through their representatives.  It must be the same for all, whether it protects or punishes.  All citizens, being equal in the eyes of the law, shall be equally eligible to all high offices, public positions and employment according to their abilities, and without other distinction than that of their virtues and talents.

ARTICLE 7- No person may be accused, arrested, or detained except in the cases determined by the law and following the procedure that it has prescribed.  Those who solicit, expedite, carry out, or cause to bee carried out arbitrary orders must be punished; but any citizen summoned or apprehended by virtue of the law, must give instant obedience.  Resistance results in guilt.

ARTICLE 8-The law must prescribe only the punishments that are strictly and evidently necessary; and no one may be punished except by virtue of a law drawn up, promulgated, and legally applied before the offense in committed.

ARTICLE 9- Everyman is presumed innocent until he has been declared guilty. If it considered necessary to arrest him, any undue harshness that is not required to secure his person must be severely

y curbed by law.

ARTICLE 10- No one may be disturbed on account of his opinions, even religious ones, as long as the manifestation of such opinion does not interfere with the establishment of law and order.

ARTICLE 11- The free communication of ideas and opinions is one of the most precious of the rights of man.  Any citizen may therefore speak, write, and publish freely, except on regards to the abuse of this liberty in cases determined by law.

ARTICLE 12- A public entity is necessary to guarantee the Rights of Man and of the Citizen.  This entity is therefore established for the benefit of all, and not for the particular use of those to whom it is entrusted.

ARTICLE 13- For the maintenance of this entity and for administrative purpose, a general tax is indispensable; it must be equally disturbed among all  citizens in proportion to their ability to pay.

ARTICLE 14- All citizens have the right to ascertain, themselves, or through their representatives, the need for a public tax, to consent to it freely, to watch over its use, and to determine its proportion, basis, collection, and duration.

ARTICLE 15-  Society has the right to ask a public official for an accounting of his administration.

ARTICLE 16-  Any society in which no provision is made for guaranteeing rights or for the separation of powers, has no constitution.

ARTICLE 17-  Since the right to property is inviolable and sacred, no one may be deprived thereof, unless public necessity, legally ascertained, obviously requires it and just and prior indemnity has been paid.

This article is copyrighted © by the Lafayette (LA) Daily Advertiser and is used with permission.  This web site was originated through a grant awarded to Carencro High School (Joel Hilbun/Bobbi Marino, Grant Administrators) by the State Board of Elementary and Secondary Education from the Louisiana Quality Education Support Fund - 8(g).