55 The Declaration of the Rights of Man
22.3.4: The Declaration of the Rights of Man
The Declaration of the Rights of Man and of the Citizen, passed by France’s National Constituent Assembly in August 1789, is a fundamental document of the French Revolution that granted civil rights to some commoners, although it excluded a significant segment of the French population.
Learning Objective
Identify the main points in the Declaration of the Rights of Man
Key Points
- The Declaration of the Rights of Man and of the Citizen (1791) is a fundamental document of the French Revolution and in the history of human and civil rights. The inspiration and content of the document emerged largely from the ideals of the American Revolution. The key drafts were prepared by General Lafayette, working at times with his close friend Thomas Jefferson.
- The concepts in the Declaration come from the tenets of the Enlightenment, including individualism, the social contract as theorized by Jean-Jacques Rousseau, and the separation of powers espoused by Montesquieu. The spirit of secular natural law rests at the foundations of the Declaration.
- At the time of writing, the rights contained in the declaration were only awarded to men. Furthermore, the declaration was a statement of vision rather than reality as it was not deeply rooted in the practice of the West or even France at the time. It embodied ideals toward which France pledged to aspire in the future.
- While the French Revolution provided rights to a larger portion of the population, there remained a distinction between those who obtained the political rights in the Declaration of the Rights of Man and Citizen and those who did not. Those who were deemed to hold these rights were called active citizens, a designation granted to men who were French, at least 25 years old, paid taxes equal to three days of work, and could not be defined as servants.
- Tensions arose between active and passive citizens throughout the Revolution and the question of women’s rights emerged as particularly prominent. The Declaration did not recognize women as active citizens. The absence of women’s rights prompted Olympe de Gouges to publish the Declaration of the Rights of Woman and the Female Citizen in September 1791.
- The Declaration did not revoke the institution of slavery, as lobbied for by Jacques-Pierre Brissot’s Les Amis des Noirs and defended by the group of colonial planters called the Club Massiac. However, it played an important rhetorical role in the Haitian Revolution.
Key Terms
- social contract
- A theory or model that originated during the Age of Enlightenment that typically addresses the questions of the origin of society and the legitimacy of the authority of the state over the individual. Its arguments typically posit that individuals have consented, either explicitly or tacitly, to surrender some of their freedoms and submit to the authority of the ruler or magistrate (or to the decision of a majority) in exchange for protection of their remaining rights. The question of the relation between natural and legal rights, therefore, is often an aspect of this theory. The term comes from a 1762 book by Jean-Jacques Rousseau which discussed this concept.
- separation of powers
- A model for the governance of a state (or who controls the state) first developed in ancient Greece. Under this model, the state is divided into branches, each with separate and independent powers and areas of responsibility so that the powers of one branch are not in conflict with the powers associated with the other branches. The typical division of branches is legislative, executive, and judiciary.
- natural law
- A philosophy that certain rights or values are inherent by virtue of human nature and can be universally understood through human reason. Historically, natural law refers to the use of reason to analyze both social and personal human nature to deduce binding rules of moral behavior. Although it is often conflated with common law, the two are distinct. Common law is not based on inherent rights, but is the legal tradition whereby certain rights or values are legally recognized by virtue of already having judicial recognition or articulation.
- March on Versailles
- A march began during the French Revolution among women in the marketplaces of Paris who, on the morning of October 5, 1789, were near rioting over the high price and scarcity of bread. Their demonstrations quickly became intertwined with the activities of revolutionaries, who were seeking liberal political reforms and a constitutional monarchy for France. The market women and their various allies grew into a crowd of thousands. Encouraged by revolutionary agitators, they ransacked the city armory for weapons and marched to the Palace of Versailles.
- The Declaration of the Rights of Man and of the Citizen
- A fundamental document of the French Revolution and in the history of human and civil rights passed by France’s National Constituent Assembly in August 1789. It was influenced by the doctrine of natural right, stating that the rights of man are held to be universal. It became the basis for a nation of free individuals protected equally by law.
Intellectual Context
The Declaration of the Rights of Man and of the Citizen (August 1791) is a fundamental document of the French Revolution and in the history of human and civil rights. The inspiration and content of the document emerged largely from the ideals of the American Revolution. The key drafts were prepared by General Lafayette, working at times with his close friend Thomas Jefferson, who drew heavily upon The Virginia Declaration of Rights drafted in May 1776 by George Mason (which was based in part on the English Bill of Rights 1689), as well as Jefferson’s own drafts for the American Declaration of Independence. In August 1789, Honoré Mirabeau played a central role in conceptualizing and drafting the Declaration of the Rights of Man and of the Citizen.
The Declaration emerged from the tenets of the Enlightenment, including individualism, the social contract as theorized by Jean-Jacques Rousseau, and the separation of powers espoused by Montesquieu. The spirit of secular natural law rests at the foundations of the Declaration. Unlike traditional natural law theory, secular natural law does not draw from religious doctrine or authority. The document defines a single set of individual and collective rights for all men. Influenced by the doctrine of natural rights, these rights are held to be universal and valid in all times and places. Correspondingly, the role of government, carried on by elected representatives, is to recognize and secure these rights.
Thomas Jefferson — the primary author of the U.S. Declaration of Independence —was in France as a U.S. diplomat and worked closely with Lafayette on designing a bill of rights for France. In the ratification by the states of the U.S. Constitution in 1788, critics demanded a written Bill of Rights. In response, James Madison’s proposal for a U.S. Bill of Rights was introduced in New York in June 1789, 11 weeks before the French declaration. Considering the 6 to 8 weeks it took news to cross the Atlantic, it is possible that the French knew of the American text, which emerged from the same shared intellectual heritage. The same people took part in shaping both documents: Lafayette admired Jefferson, and Jefferson, in turn, found Lafayette an important political and intellectual partner.
Natural Rights
At the time of writing, the rights contained in the declaration were only awarded to men. Furthermore, the declaration was a statement of vision rather than reality as it was not deeply rooted in the practice of the West or even France at the time. It embodied ideals toward which France aspired to struggle in the future.
In the second article, “the natural and imprescriptible rights of man” are defined as “liberty, property, security and resistance to oppression.” It demanded the destruction of aristocratic privileges by proclaiming an end to feudalism and exemptions from taxation. It also called for freedom and equal rights for all human beings (referred to as “Men”) and access to public office based on talent. The monarchy was restricted and all citizens had the right to take part in the legislative process. Freedom of speech and press were declared and arbitrary arrests outlawed. The Declaration also asserted the principles of popular sovereignty, in contrast to the divine right of kings that characterized the French monarchy, and social equality among citizens, eliminating the special rights of the nobility and clergy.
The Declaration is included in the preamble of the constitutions of both the Fourth French Republic (1946) and Fifth Republic (1958) and is still current. Inspired by the American Revolution and also by the Enlightenment philosophers, the Declaration was a core statement of the values of the French Revolution and had a major impact on the development of freedom and democracy in Europe and worldwide.
Limitations
While the French Revolution provided rights to a larger portion of the population, there remained a distinction between those who obtained the political rights in the Declaration of the Rights of Man and Citizen and those who did not. Those who were deemed to hold these political rights were called active citizens, a designation granted to men who were French, at least 25 years old, paid taxes equal to three days of work, and could not be defined as servants. This meant that at the time of the Declaration only male property owners held these rights. The category of passive citizens was created to encompass those populations that the Declaration excluded from political rights. In the end, the vote was granted to approximately 4.3 out of 29 million Frenchmen. Women, slaves, youth, and foreigners were excluded.
Tensions arose between active and passive citizens throughout the Revolution and the question of women’s rights emerged as particularly prominent. The Declaration did not recognize women as active citizens despite the fact that after the March on Versailles on October 5, 1789, women presented the Women’s Petition to the National Assembly, in which they proposed a decree giving women equal rights. In 1790, Nicolas de Condorcet and Etta Palm d’Aelders unsuccessfully called on the National Assembly to extend civil and political rights to women. The absence of women’s rights prompted Olympe de Gouges to publish the Declaration of the Rights of Woman and the Female Citizen in September 1791. Modeled on the Declaration of the Rights of Man and of the Citizen, it exposes the failure of the French Revolution, which had been devoted to equality.
The Declaration did not revoke the institution of slavery, as lobbied for by Jacques-Pierre Brissot’s Les Amis des Noirs and defended by the group of colonial planters called the Club Massiac. Thousands of slaves in Saint-Domingue, the most profitable slave colony in the world, engaged in uprisings (with critical attempts beginning also in August 1791) that would be known as the first successful slave revolt in the New World. Slavery in the French colonies was abolished by the Convention dominated by the Jacobins in 1794. However, Napoleon reinstated it in 1802. In 1804, the colony of Saint-Domingue became an independent state, the Republic of Haiti.
Legacy
The Declaration, together with the American Declaration of Independence, Constitution, and Bill of Rights, inspired in large part the 1948 United Nations Universal Declaration of Human Rights. It has also influenced and inspired rights-based liberal democracy throughout the world. It was translated as soon as 1793–1794 by Colombian Antonio Nariño, who published it despite the Inquisition and was sentenced to be imprisoned for ten years for doing so. In 2003, the document was listed on UNESCO’s Memory of the World register.
Attributions
The Declaration of the Rights of Man
“Separation of powers.” https://en.wikipedia.org/wiki/Separation_of_powers. Wikipedia CC BY-SA 3.0.
“Natural law.” https://en.wikipedia.org/wiki/Natural_law. Wikipedia CC BY-SA 3.0.
“Social contract.” https://en.wikipedia.org/wiki/Social_contract. Wikipedia CC BY-SA 3.0.
“Declaration of the Rights of Man and of the Citizen.” https://en.wikipedia.org/wiki/Declaration_of_the_Rights_of_Man_and_of_the_Citizen. Wikipedia CC BY-SA 3.0.
“Women’s March on Versailles.” https://en.wikipedia.org/wiki/Women%27s_March_on_Versailles. Wikipedia CC BY-SA 3.0.
“Declaration_of_the_Rights_of_Man_and_of_the_Citizen_in_1789.jpg.” https://en.wikipedia.org/wiki/Declaration_of_the_Rights_of_Man_and_of_the_Citizen#/media/File:Declaration_of_the_Rights_of_Man_and_of_the_Citizen_in_1789.jpg. Wikipedia Public domain.
