History

• At the outset of the French Revolution, the National Constituent Assembly was established to govern France and establish a constitution. In its formative months, the members of the Assembly chose to address the changes that were occurring in French society. Having taken the absolute powers from King Louis XVI, they needed to question his divine right as a leader. In addition, the status of the nobility and clergy had been rattled and the feudal system was being deemed inherently unjust. On August 26, 1789, the National Constituent Assembly adopted a document entitled the "Declaration of the Rights of Man and Citizen." It became the fundamental statement around which the entire French Revolution would revolve.
  
  

Significance

• Many of the concepts introduced by the Declaration were from the principles and philosophies of the Age of Enlightenment. Addressing the social contract as established by John Locke and Jean Jacques Rousseau and stressing the importance of individualism within French society, the Declaration became the founding document of modern France. It borrowed heavily from the U.S. Declaration of Independence of 1776, and ironically its writer, Thomas Jefferson, was in France at the time of its adoption. He called it a "victory" for man. The document also laid the groundwork for the separation of powers as touted by Baron de Montesquieu, laying the groundwork for the constitution to come.
  
  

Features

• The Declaration specifically laid claim to France's sovereignty, stating that no individual can use the authority of the nation without its express consent. It called for equality for all citizens, effectively ending the class structure that had existed for hundreds of years. All citizens would be guaranteed "liberty, property, security, and resistance to oppression." It stated that laws could only exist that preserve an individual's natural rights and ensured other citizens' natural rights in society. The Declaration addressed any future government organization, stating that the public force that is created will be responsible for the citizenry and not a position of power. That public force and its administration would be funded by a taxation policy based on apportionment related to an individual's wealth and income. Joining with the U.S. Constitution and the U.S. Bill of Rights, the Declaration called for common defense, no cruel and unusual punishments, freedom of speech and press, and the presumption of innocence until proven guilty.
  
  

Considerations

• Some problems with the Declaration include is presumption that the rights addressed within its words are meant only for male citizens of France. It made no mention of women's rights and failed to bring into question the issue of slavery, which was as widespread in France as any nation in Europe. It also made little provision for the freedom of religion. After the March on Versailles on October 5, 1789, women presented a petition to the National Constituent Assembly asking for equality. It wasn't until 1946 and the adoption of the French Fourth Republic's Constitution, that women were expressly given equal rights. In addition, the slavery issue led to a revolt on the French colony of Haiti.
  
  

Effects

• According to the modern French Constitution, the Declaration is the basis of law in the republic. The Constitutional Council has used the principles laid out in the document to uphold or defeat certain modern statutes. Any taxation that is levied has to comply with the issue of equality of the citizen, any attempt to circumvent this fact is struck down as unconstitutional. The general statements of equality issued in the Declaration have been utilized to support several ethnic groups within France, making the country one of the most diverse nations in Europe. Despite its omissions, the Declaration is considered by many to be the foundation of modern international human rights.