Declaration of the Rights of Man and of the Citizen

The Declaration was adopted on 26 August 1789 by the National Constituent Assembly, the revolutionary body formed after the Estates-General. It was drafted in the context of the French Revolution, which sought to dismantle the absolute monarchy and the feudal privileges of the nobility and clergy. The document was heavily influenced by Enlightenment philosophy, particularly the ideas of Jean-Jacques Rousseau and Montesquieu, as well as by the American Declaration of Independence and the Virginia Declaration of Rights.¹

The drafting process involved key figures such as the Marquis de Lafayette, who presented a draft based on the American model, and the Abbé Sieyès, who contributed to the final text. The Assembly debated the content intensely, with disagreements over the scope of rights and the role of the king. The final version was a compromise that reflected both liberal and conservative tendencies.

The Declaration consists of a preamble and 17 articles. It asserts that "men are born and remain free and equal in rights" (Article 1) and that the purpose of political association is the preservation of the natural and imprescriptible rights of man: liberty, property, security, and resistance to oppression (Article 2). The principle of sovereignty resides in the nation (Article 3), and liberty is defined as the ability to do anything that does not harm others (Article 4). The law is an expression of the general will, and all citizens have the right to participate in its formation (Article 6). The Declaration also establishes the presumption of innocence (Article 9), freedom of opinion and religion (Article 10), and freedom of speech and press (Article 11). It guarantees the right to property (Article 17) and the need for public force for the benefit of all (Article 12).

The Declaration became a cornerstone of the French Revolution and was incorporated into the French Constitution of 1791. It has inspired numerous national and international human rights instruments, including the Universal Declaration of Human Rights (1948) and the European Convention on Human Rights (1950). Its principles of equality, liberty, and fraternity have been echoed in constitutions around the world.²

However, the Declaration has also been criticized for its exclusion of women, slaves, and non-citizens. Olympe de Gouges, a revolutionary activist, wrote the Declaration of the Rights of Woman and of the Female Citizen in 1791 to protest this exclusion, but she was later executed. The Declaration's universalist claims were not fully realized until later struggles for civil rights.

One lesser-known fact is that the Declaration was not originally intended to be a permanent constitution but a preamble to one. It was also not the first such declaration; the Virginia Declaration of Rights (1776) preceded it and served as a model. The Declaration's article on property (Article 17) was added late in the drafting process, reflecting the influence of the physiocrats and the bourgeois interests of the Assembly.³

Another obscure detail is that the Declaration was never formally ratified by the king; Louis XVI only reluctantly accepted it in October 1789 after the Women's March on Versailles. The document was also used as a basis for the revolutionary constitution of 1793, which was more radical but never implemented. The Declaration's phrase "resistance to oppression" was a radical innovation that justified rebellion against tyranny, a concept that influenced later revolutionary movements.⁴

National Constituent Assembly

The revolutionary assembly formed in 1789 that governed France until 1791.

Estates-General

A general assembly representing the three estates of the realm: clergy, nobility, and commoners.

Enlightenment

An intellectual movement of the 18th century emphasizing reason, individualism, and skepticism of traditional authority.

Popular sovereignty

The principle that the authority of the state is created and sustained by the consent of its people.