DATE DE LA DECLARATION DES DROITS DE L HOMME

Inspired passant par the American Declaration of Independence in 1776 and the spirit du the Enlightenment, thé Declaration du the Rights de Man et of the Citizen du 1789 marked thé beginning de a new political era. Since then, ce has never ceased venir be a reference text. Thé Fifth Republic explicitly states the attachment à it, citing cette in thé preamble of its Constitution, and the constitution Council recognized its constitutional value in 1971.

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History

The Declaration of the Rights de Man and of auto Citizen came into survie in auto summer ns 1789, born of an idea du the constituent Assembly, which was formed par the assembly ns the Estates général to breeze a new Constitution, and precede ce with a declaration of principles.

There were many proposals. The se réconcilier Assembly tasked 5 deputies – Démeunier, les Luzerne, Tronchet, Mirabeau rang Redon – through examining thé various breeze declarations, combining them right into a simple one and presenting ce to auto Assembly. Article by article, the french declaration to be voted on between 20 et 26 respectable 1789.

In that is preamble et its 17 articles, it sets out auto “natural and inalienable” rights, which room freedom, ownership, security, resistance to oppression; cette recognizes equality antérieur à the law et the justice system, et affirms thé principle of separation ns powers.

Ratified nous 5 October par Louis xb under press from the Assembly and the toutes les personnes who had rushed venir Versailles, ce served oui a preamble to the first constitution of the french Revolution in 1791. While the text was consequently flouted de many revolutionaries, and followed by two other declarations du the civil liberties of masculin in 1793 and 1795, the text ns 26 respectable 1789 to be the one to survive, and inspired comparable texts in numerous European and Latin American countries throughout thé 19th century; cette is on this one that the français constitutions ns 1852, 1946 and 1958 to be founded.

The universel Declaration de the Rights ns Man, signed in Paris nous 10 December 1948, seul like the European convention on person Rights, signed in Rome nous 4 November 1950, have the exact same origins.


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The text

The representatives du the français People, developed into a intérieur Assembly, considering ignorance, forgetfulness jaune contempt of the civil liberties of man to be the seul causes of public misfortunes and the pillage of Governments, have resolved venir set forth, in a solemn Declaration, the natural, unalienable and sacred rights ns man, to auto end that this Declaration, constantly existing to tous members of the corps humain politic, may remind them unceasingly ns their rights et their duties; to the end that auto acts du the legislative power et those ns the executive, management power, because they may be continually contrasted with auto aim du every politics institution, pouvez thereby be the more respected; to auto end that thé demands of the citizens, established henceforth nous simple et incontestable principles, pouvez always it is in directed toward the maintenir of thé Constitution and the happiness du all.

In repercussion whereof, the national Assembly recognises et declares, in thé presence and under the auspices ns the can be fried Being, thé following Rights ns Man et of auto Citizen.

Article first

Men room born et remain free et equal in rights. Social distinctions peut faire be based only nous considerations du the common good.

Article 2

The aim of every political association is the preservation of the natural and imprescriptible rights du Man. These legal rights are Liberty, Property, Safety et Resistance à Oppression.

Article 3

The principle de any Sovereignty lies mainly in auto Nation. No corporate body, ne sont pas individual peut faire exercise any authority that does not specifically emanate from it.

Article 4

Liberty consists in being able to aller anything the does not injury others: thus, the exercise of the organic rights of every homme has non bounds divers than those that ensure à the other members du society auto enjoyment du these very same rights. This bounds pouvez be established only de Law.

Article 5

The regulation has thé right à forbid seul those acte that are injurious venir society. Nothing the is no forbidden de Law pouvez be hindered, and no one may be compelled to faire what the Law does no ordain.

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Article 6

The law is the expression of the general will. All citizens have the right venir take part, personally or through their representatives, in the making. It must be the same for all, whether it protects jaune punishes. Toutes les personnes citizens, being equal in the eyes, chandelier be same eligible to all high offices, auditeur positions et employments, according à their ability, and without other distinction than that de their virtues and talents.

Article 7

No homme may it is in accused, arrested jaune detained except in the des boites determined by the Law, et following auto procedure that cette has prescribed. Those who solicit, expedite, bring out, or cause première to be lugged out arbitrarily orders need to be punished; but any citizen summoned jaune apprehended by virtue du the Law, must give instant obedience; resistance provides him guilty.

Article 8

The regulation must prescribe seul the punishments that room strictly and evidently necessary; et no one pouvez be punished except passant par virtue of a Law attracted up and promulgated avant the violation is committed, et legally applied.

Article 9

As every homme is presumed chaste until hey has been asserted guilty, si it have to be taken into consideration necessary à arrest him, any kind of undue harshness the is no required to secure his human being must be severely curbed by Law.

Article 10

No one peut être be disturbed conditions météorologiques account ns his opinions, even religious ones, ont long ont the lopposé of such avis does not interfere with thé established Law and Order.

Article 11

The free contact of ideas et of avis is one ns the many precious rights ns man. Any citizen may therefore speak, write and publish freely, except what is tantamount to auto abuse de this liberty in the caisse determined par Law.

Article 12

To guarantee the Rights of Man et of auto Citizen a public force is necessary; this forces is because of this established à la the benefit ns all, et not parce que le the particular use ns those venir whom it is entrusted.

Article 13

For the maintenir of the auditeur force, et for administrative expenses, a general tax is indispensable; cette must be equally dispersed among all citizens, in proportion venir their ability à pay.

Article 14

All citizens ont the right à ascertain, by themselves, or through their representatives, auto need parce que le a auditeur tax, to consent to ce freely, to watch over its use, et to identify its proportion, basis, collection and duration.

Article 15

Society has the right à ask a public official for année accounting of his administration.

Article 16

Any culture in which non provision is made à la guaranteeing rights or parce que le the separation ns powers, has non Constitution.

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Article 17

Since thé right to Property is inviolable et sacred, non one may be deprived thereof, unless auditeur necessity, legit ascertained, obviously requires it, and just et prior indemnity has been paid.