Draft Declaration of the Rights and Duties of the Citizen‑Human

With all the skepticism one might attach to this amateur undertaking, I invite you to read this declaration. Each article has been worked in two different ways—once from the perspective of Rights, as traditionally known and once from the perspective of Duties. Naturally, there is some redundancy between the two. A more exhaustive effort would likely produce a declaration that merges the two viewpoints, emphasizing either the Right or the Duty given the context. This declaration is conceived in the spirit of the French Revolution and of the majors declarations of rights that belong to Western cultural heritage. Other declarations have been issued—for example, the Cairo Declaration, which articulates human rights within the Muslim cultural framework. A General Declaration of Human Rights that adopts a universalist vision transcending individual cultures could also be contemplated.

This declaration has no normative value. It is the product of a philosophical reflection and carries no claim to legal authority.

The representatives of the French people, assembled in the National Assembly, considering that ignorance, forgetfulness or contempt of the rights and duties of the human being are the sole causes of public misfortunes and governmental corruption, have resolved to set out in a solemn declaration the natural, inalienable and sacred rights and duties of the human being, so that this declaration, constantly present before every member of the social body, continually reminds them of their rights and their duties. May the acts of the legislative power, those of the executive power, and the decisions of the judicial power, at any moment compared with the purpose of any political institution, be respected. May citizens’ claims, now grounded on simple and indisputable principles, always serve the maintenance of the Constitution and the happiness of all.

Consequently, the National Assembly, in the presence of and under the auspices of the Supreme Being, recognises and declares the following rights and duties of the human being and of the citizen.

1. Human beings are born and remain free, and equal in rights. Social distinctions may be founded only on common utility.
   Human beings must not infringe upon the rights and liberties of other members of society. Restrictions may be justified only by common utility.

2. The purpose of any political association is the preservation of the natural and imprescriptible rights of the human being. These rights are liberty, property, safety, and resistance to oppression.
   Members of the political association must take part in its functioning, by voting, by taxation, or by labour, and their actions may not harm the interests of other members.

3. The principle of all sovereignty resides essentially in the Nation. No body, no individual may exercise authority that does not expressly emanate from it.
   Except in situations of immediate danger, no one may intervene in another’s life without that person’s consent.

4. Freedom consists in being able to do anything that does not harm others. Thus the exercise of each man’s natural rights is bounded only by those limits that guarantee other members of society the enjoyment of the same rights. Those limits may be determined only by law.
   Every human being has the duty to respect the rights of other members of society. The exercise of his freedom is absolute within the bounds of that respect, and those bounds may be defined only by law.

5. Law may defend only actions harmful to society (or its members). Anything not prohibited by law may not be prevented, and no one may be compelled to do what the law does not order.
   Men’s duties are prescribed by law in order to avoid actions harmful to society (or its members). This respect is unavoidable.

6. Law is the expression of the general will. All citizens have the right and the obligation to contribute personally or through their representatives to its formation. It must be the same for everyone, whether it protects or punishes. All citizens, being equal before it, are likewise eligible for all dignities, offices and public jobs, according to their ability and without any distinction other than that of their virtues and talents.
   All these positions, dignities and public jobs being emanations of the nation, citizens’ conduct in their functions must be exemplary.

7. No man may be accused, arrested or detained except in cases defined by law and according to the procedures it prescribes. Those who solicit, expedite, execute or cause the execution of arbitrary orders must be punished. Yet any citizen called or seized under the law must obey instantly; resistance makes him culpable.
   This obligation is suspended if the law and government become oppressive and damage all or part of the Nation.

8. Law must establish only penalties that are strictly and obviously necessary, and no one may be punished except under a law that was enacted and promulgated before the offence and applied legally.
   The citizen must serve the entirety of his sentence according to the provisions set by law, and must repair the damage caused by the act that led to his condemnation.

9. Every man is presumed innocent until declared guilty; if it is deemed indispensable to arrest him, any harshness unnecessary to ensure his identity must be severely reprimanded by law.
   Citizens have the duty to cooperate fully with the authorities charged with enforcing the law.

10. No one shall be troubled for opinions, even religious ones, provided their manifestation does not disturb the public order established by law.
    No citizen may be harassed for his opinions, even religious ones. Should their manifestation disturb public order, the matter must be referred to the services responsible for maintaining order.

11. Free communication of thoughts and opinions is one of man’s most precious rights. Every citizen may speak, write and print freely, except that he must answer for abuse of this freedom in cases defined by law.
    A citizen may not, by his actions, prevent another citizen’s free communication of thoughts and opinions.

12. Guaranteeing the rights of man and citizen requires a public force. This force is therefore instituted for the benefit of all and not for the particular advantage of those to whom it is entrusted.
    Every citizen may and potentially must participate in this force and obey the one to whom it has been entrusted, unless that person diverts its use from the purpose assigned to it.

13. For the upkeep of the public force and for administrative expenses, a common contribution is indispensable. It must be equally distributed among all citizens, according to their capacities.
    This contribution is established by law. Any action or omission by a citizen that leads to exemption from it or to a disproportionately reduced participation must be punished by law.

14. All citizens have the right to ascertain for themselves or through their representatives the necessity of the public contribution, to consent to it freely, to monitor its use and to determine its amount, base, collection method and duration.
    All citizens have the duty to follow these prescriptions, as well as the adjustments foreseen. Their actions must not result in exemption from it.

15. Society has the right to demand accountability from any public official of its administration.
    Citizens occupying public administration posts act in the name and service of society. Their behaviour must reflect that position.

16. Any society in which the guarantee of rights is not ensured, nor the separation of powers established, has no constitution.
    Membership in such a society entails respect for and adherence to the constitution and the institutions it creates.

17. Property is an inviolable and sacred right; no one may be deprived of it except when public necessity, duly established by law, evidently requires it and under the condition of a just and prior indemnity.
    No one may use his goods or position to harm another citizen, under penalty of having to compensate that citizen under the conditions provided by law.

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