Episode 9: The French Declaration of the Rights of Man

Living the French Revolution and Age of Napoleon

Dr Suzanne M Desan

Film Review

The Declaration o the Rights of Man and the Citizen, approved by the French National Assembly August 26, 1789, officially declared the equality of all French citizens before the law.

At the time of the French revolution, no commoners of any European country had a right to freedom of speech, freedom of the press, freedom of religion or the right to a fair trial (at a time when torture was still used to extract confessions. The British had passed a Bill of Rights for free born landowners in 1689 (except for Catholics, Jews or dissenting Protestants).

In drawing up the Declaration, deputies studied the American Declaration of Independence, the constitutions of the first thirteen states and the Virginia Bill of Rights. Thomas Jefferson, British/American revolution Thomas Paine and the Duke of Montmorency (who also helped with the American revolution) worked with Lafayette in drafting early versions of the Declaration of the Rights of Man and Citizen. The French Declaration goes much further than the Declaration of Independence the French Declaration of the Rights of Man and Citizen guaranteeing all citizens, not only the right to liberty, but also to property, security, the right to resit oppression freedom from arbitrary arrest without trial. This document also guarantees all citizens equal access to public office and employments a well as the right to be taxed equally.

The most hotly debated freedom, religious freedom, is granted, provided its “manifestation doesn’t trouble the public order.”

The original Declaration didn’t grant the right to subsistence or education as these were traditional church functions. However they were granted in 1793, along with the right (and duty) to participate in insurrection.

The Declaration defines active citizens free white men with property who pay taxes (excluding actors and executioners). The property requirement was removed in 1792, extending the franchise to all adult males, in 1792. However it took over a century for French women to win the right to vote (in 1944).

Religious freedom was granted in gradual steps. On Christmas Eve 1789, France’s one million Protestants won the right to openly practice their religion, appoint clergy and become teachers (there were 24 Protestant deputies in the National Assembly).  In 1791 French Jews (40,000 out of a population of 28 million) were emancipated. While the initial Declaration allowed them to practice their faith, they still weren’t allowed to own land or practice professions others than commerce, money lending or land management.

Film can be viewed free with a library card on Kanopy.

https://www.kanopy.com/en/pukeariki/watch/video/149323/149341