The Bill of Rights and the Declaration of Rights of Man and Citizens, both published in 1791, were important documents in the history of the world that greatly influenced the 1984 United Nations Universal Declaration of Human Rights. Both these articles provided the foundation for the United States Constitution, as well as the creation of the first republic government of France. Guided by the spirit and philosophical ideology of liberalism surrounding the aftermath of the French Revolution, both documents endeavored to create and establish an ideal liberal democratic government in both United States and France
However, the French revolution not only influenced the advancement of the rights of common men and the devolution of monarchical power in the 16th Century. It has also helped encouraged women to establish their rights in the society, as well as to confront, albeit marginally the issue of slavery. Olympe de Gouges published The Declaration of the Rights of Woman and the Female Citizens on 1971 in response to the Declaration of Rights of Man and Citizens. The article was meant as a satirical pamphlet criticizing the Declaration of the Rights of Men and of the Citizens for forgetting women and it helped exposed the hypocritical treatment of the new liberal government to women’s liberty and rights.
The United States Bill of Rights, France’s Declaration of the Rights of Man and Its Citizens, and de Gouge’s Declaration of the Rights of Women and the Female Citizens are similar documents written at the same time. They are guided by the same endeavors to protect liberal rights and freedoms of their citizens. Yet, despite these similarities, they have striking differences not only in the specific and concrete rights that they offer as well as in the fundamental ideals of a society they hold for their own citizens. This essay will attempt to unpack and analyze these three documents by comparing and contrasting these three documents and understanding how and where they diverge and converge.
The American Bill of Rights and the French Declaration of the Rights of Man
Following the American Revolution, that sought to provide American independence from the English rule, the Bill of rights asserted broader and more inclusive citizens’ rights and political participation. The citizens of the new American government were granted comparatively greater freedom, equality, and individual rights than was offered in the old English order. Likewise, the French Revolution brought about the creation of a new society. However, the French were more radical and bloodier in their fight, and even well into the aftermath of the monarchy’s overthrow, and the transition of to the new republic. It also provided boundaries to the exercise of power and limits tyrannical and absolute forms of authority.
The similarities and the developments that took after both the French and American Revolution are not coincidence. The French’s Declaration of Rights were promulgated at the early part of the revolution, right after Bastille was demolished (Johnson, 6). The Declaration of Rights and the Bill of Rights contains similar provisions on individual rights (Johnson, 7). They outline the rights the citizens’ equal rights to freedom of expression and of “religious opinion”. Citizens are also granted the right to due process, are protected against false accusation, unlawful arrest, and confinement, and are treated innocent, until proven otherwise. Laws and actions from authority must not be given arbitrarily, and the extent of punishments and force must be enacted within necessary boundaries. Citizens have the right to their own properties, and taking properties by the state must be within the reason of “just indemnity” (Johnson, 7). In essence, political rights and freedom must be equal to all men, as well as the protection and punishment given by law.
The Declaration of Rights has direct influence from America. Although the Declaration of Rights echoes most of the Bill of Rights, it’s influence, and even that of the Bill of Rights were directly from the individual American states constitutions that existed prior (Johnson, 11). Moreover, the French were influenced by both Benjamin Franklin, who was the American ambassador in France from 1776 to 1784, and his predecessor, Thomas Jefferson influenced the French. (Johnson, 9-10). They sought to strengthen the American-Franco ties to lessen their dependency to Britain (Johnson, 11).
Although both have similar rights offered, the bill of rights and the Declaration of Rights differ in the means of how these rights were given and monitored (Johnson, 14). For one, the environment and circumstances surrounding the two revolutions were vastly different. The American government’s legacy as the separation of power into three connected, albeit independent branches: the judiciary, legislative, and executive (Johnson, 15). Furthermore, the Bill of Rights were rectified and enacted after the American Revolution and the new constitution was in power.
However, France opted to enact first the Declaration of Rights to structure their new government according to its principles (Johnson, 14). However, their efforts to provide an effective new republican arrangement, which can properly enforce the Declaration of Rights, were not met with success:
“The framers of that constitution made a fatal mistake. They assumed that the mere declaration of certain privileges as the rights of citizens would actually secure those rights for each individual citizen. In practical operation, however, it was soon found that the sacred right of insurrection was too unwieldy a weapon to be wielded by a single arm." (Cockran as quoted by Johnson, 17).
There are also some inherent differences in the Bill of Rights and the Declaration of Rights, specifically in how they view the concept of equality and interdependence. The Bill of Rights stresses that men are equal in their own regard, and that it is important to stress and cultivate one’s own ability and individuality. On the other hand, the Declaration of Rights also acknowledges the common man’s individuality, however, it emphasizes the concept of society, and of working for its progress and development. Furthermore, unlike the Bill of Rights, in stresses the importance of social welfare provided by the government, prioritizing not only social and political reform, but also economic reforms as well.
The Declaration of the Rights of Women and the Female Citizens
The Enlightenment period not only influenced the overthrow of the feudal and monarchical order. It is also a period for women empowerment. Both the Bill of Rights and The Declaration of Rights refer to men in their documents. However, it is unclear whether they also include or at least refer to both women and men. During this time, however, many budding feminist movements and thinkers argue that they are far from similar. In fact, the documents, despite their emphasis that “all men are born equal”, do not consider women and men equal in nature and in status.
In part, both the Bill of Rights and the Declaration of the Rights of Men sought for political and social reforms, insisting on the equality in rights, freedom, and opportunities for all men, while neglecting, and at times, outright excluding the race and gender. Slaves, for example were not included in the provisions of rights in America, and the Bill of Rights was applicable only for the adult white American males who own properties. In France, many believed that the roles of women are confined inside the home and in marriage.
In response of the Declaration of the Rights of Men and the Citizen, Olympe de Gouges published the Declaration of the Rights of Women and of the Female Citizen in 1789 (Cokely, n.d). De Gouges’ article reiterated the rights and mandates written in both the Bill of Rights and the Declaration of Rights of Men, however, extending it to women. The document sought to point out the unfair exclusion of women in the public sphere, and establish the men and women are equal, and must have equal rights and freedom. Women must also have the rights to participate in political discussions, hold government offices, and own properties regardless of women’s marital status. Furthermore, de Gouges included provisions that allow illegitimate children to receive inheritance from their parents, as well as hold both parents inside and outside of marriage accountable to their children. De Gouges’ Declaration of Rights reiterates that their inequality exists, not because of any natural differences. Women’s rights were suppressed because of the tyrannical opposition of men, and the lack of political organizations perpetuates this notion. Thus, reforms must be made to include women in the declaration of the rights and freedom of men.
However, it is evident, that during de Gouges’ time, her progressive feminists’ ideas were not wholly accepted. De Gouges was tried for treason due to this document and was executed. Her document influenced the creation of the Declaration of Sentiments during the Seneca Fall Convention in the United States. While the Declaration of the Rights of Women mirrors the French Declaration of the Rights of Man, the Declaration of Sentiments follows the Declaration of Independence of the United States.
Conclusion
This essay discussed the three basic documents: The Bill of Rights, The Declaration of the Rights of Man and Citizen and the Declaration of the Rights of Women and of the Female Citizen. These documents initially sought to create an inclusive and broad human rights framework that aims to guide their government and create a harmonious and progressive relationship between the state and the individuals. The influence of the Enlightenment period, as well as their sentiments and experiences created by the revolutions reflects the similarities in the rights and freedom that were delineated among these documents. Yet, they are distinct in the means to which they enforce, balance, and check the means by which these rights are given to the citizen.
However, it is evident, by modern standards, that these articles have exclusionary tendencies, and have only looked at the rights and freedom of those who are privileged. The Bill of Rights and the Declaration of the Rights of Men, not only ignored the rights of women, but also of the rights of slaves. In fact, they make no provisions that the slaves are in any way considered equal to men. De Gouge’s Declaration of the Rights is considerably improved, as it endeavors to include women, regardless of marital status. However, it also failed to recognize the rights of the slaves to freedom and equality, and the abolition of slave-owning and slave-trading. Nevertheless, these documents served as the foundations of the modern framework in which the universal human rights were based, and were later used to also abolish slavery. A historical understanding of these documents as well as the change of modern human rights laws and movements brings into mind two important lessons: First, although people’s human rights understanding have evolved, there are still exclusionary impulses especially for the sexual minorities especially of the LGBT communities. Second, despite the much-improved universal declaration of human rights, the assurance that such rights and freedom are given to the citizens is another matter.
Works Cited
Cokely, Carrie L. “Declaration of the Rights of Women.” Encyclopædia Britannica Online 2015: n. pag. < https://www.britannica.com/topic/Declaration-of-the-Rights-of-Women>.
Johnson, Vincent Robert. “The French Declaration of the Rights of Man and of Citizens of 1789, the Reign of Terror, and the Revolutionary Tribunal of Paris.” Boston College International and Comparative Law Review 13.1 (1990): 1–35. < http://lawdigitalcommons.bc.edu/cgi/viewcontent.cgi?article=1354&context=iclr>.
