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Major Human
Rights Documents of Mankind
Persia (Cyrus), U.S.A., France
by
Lawrence of Persia (LOP)
Index
Introduction
Cyrus Cylinder
Virginia Declaration of
Rights
U.S. Declaration of
Independence
U.S. Bill of Rights
French
Declaration of the Rights of Man and Citizen
Thomas
Paine's Observations on the Declaration of Rights
A question for Iranian
Muslims
Suggested Exercises
Conclusion
Introduction
My purpose in
compiling this article is to make the ideas and concepts expressed
in the fundamental human rights documents of mankind easily accessible
and useful. I did it especially for the young Iranians on whom will
fall most of the burdens of ending the Islamist regime in their
country and replacing it with something that better meets their
aspirations.
More power to them.
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Cyrus
Cylinder
Cyrus the Great
of Persia completed his conquest of the Chaldaean empire of Babylonia
in 538 BC. He treated his new subjects with enlightened tolerance
and respect. This is recorded in cuneiform script on a clay cylinder
from that time that is known as the Cyrus Cylinder. The original
Cylinder is housed at the British Museum. A replica has a place
of honor at the United Nations Building in New York City.
"
I am Cyrus, king of the world, great king, mighty king, king of
Babylon, king of the land of Sumer and Akkad, king of the four quarters
..."
Sovereignty
resided in the person of the king. Cyrus's subjects were very fortunate
that he was such an enlightened and benevolent king. In many other
times and places people were not so lucky.
"...
whose rule Bel and Nabu cherish, whose kingship they desire for
their hearts' pleasures."
Cyrus claimed
to have the approval of the Babylonian gods Bel (also known as Marduk)
and his son Nabu. He did not try and impose his Persian god(s) on
the Babylonians.
"Marduk,
the great God, caused the big-hearted inhabitants of Babylon to...me.
I sought daily to worship him."
Cyrus, the recent
conqueror of Babylonia, honored and worshipped Marduk who as city
god of Babylon was king of the gods of Babylonia.
"I
did not allow any to terrorize the land of Sumer and Akkad. I kept
in view the needs of Babylon and all its sanctuaries to promote
their well being. The citizens of Babylon... I lifted their unbecoming
yoke. Their dilapidated dwellings I restored. I put an end to their
misfortunes."
Cyrus did not
allow his army to plunder and loot the newly conquered country.
He promoted the welfare of his new Babylonian subjects and supported
their religious temples (sanctuaries).
"From
... to the cities of Ashur and Susa, Agade, Eshnuna, the cities
of Zamban, Meurnu, Der, as far as the region of the land of Gutium,
the holy cities beyond the Tigris whose sanctuaries had been in
ruins over a long period, the Gods whose abode is in the midst of
them. I returned to the places and housed them in lasting abodes
... The Gods of Sumer and Akkad whom Nabonidus had, to the anger
of the Lord of the Gods, brought into Babylon, I at the bidding
of Marduk, the great Lord, made to dwell in peace in their habitations,
delightful abodes."
During their
conquests the Babylonians had destroyed the temples of people whom
they defeated and had brought the idols (gods) to Babylon. Cyrus
restored these ruined temples and returned the idols to them.
"I
gathered together all their inhabitants and restored to them their
dwellings."
The Babylonians
had enslaved many conquered peoples. Cyrus freed them, sent them
home and helped them to rebuild. In 537 BC he allowed more than
40,000 Jews to leave Babylon and return to Palestine.
Complete
and accurate translation of text on the Cyrus Cylinder:
The Cyrus Cylinder
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Virginia
Declaration of Rights
Written by George
Mason, the Virginia Declaration of Rights was adopted by the Virginia
Constitutional Convention on June 12, 1776, 22 days before the U.S
Declaration of Independence. It strongly influenced Thomas Jefferson
in writing the first part of the Declaration of Independence and
later provided the foundation for the U.S. Bill of Rights.
Section 1
states that all men are by nature equally free and have certain
inherent rights that they cannot give up.
Section 2
states that all judicial and government power is vested in and
derived from the people.
Section 3
states that the purpose of government is to promote the common interests
of the people and that the people have an absolute right to reform
or abolish any government that fails to follow this purpose.
Thinkers and
writers of the European Enlightenment had recently introduced these
important new concepts: that sovereignty resides in the people and
is delegated by them to their government. Sovereignty does not reside
in the government or the king.
Section 16 states
that all men are entitled to the free exercise of religion based
on their reason and conviction and should not be subjected to religious
coercion by force or violence.
Virginia
Declaration of Rights
Full Text
A DECLARATION
OF RIGHTS made by the representatives of the good people of Virginia,
assembled in full and free convention which rights do pertain to
them and their posterity, as the basis and foundation of government
.
Section 1.
That all men are by nature equally free and independent and have
certain inherent rights, of which, when they enter into a state
of society, they cannot, by any compact, deprive or divest their
posterity; namely, the enjoyment of life and liberty, with the means
of acquiring and possessing property, and pursuing and obtaining
happiness and safety.
Section 2.
That all power is vested in, and consequently derived from, the
people; that magistrates are their trustees and servants and at
all times amenable to them.
Section 3.
That government is, or ought to be, instituted for the common benefit,
protection, and security of the people, nation, or community; of
all the various modes and forms of government, that is best which
is capable of producing the greatest degree of happiness and safety
and is most effectually secured against the danger of maladministration.
And that, when any government shall be found inadequate or contrary
to these purposes, a majority of the community has an indubitable,
inalienable, and indefeasible right to reform, alter, or abolish
it, in such manner as shall be judged most conducive to the public
weal.
Section 4.
That no man, or set of men, is entitled to exclusive or separate
emoluments or privileges from the community, but in consideration
of public services; which, nor being descendible, neither ought
the offices of magistrate, legislator, or judge to be hereditary.
Section 5.
That the legislative and executive powers of the state should be
separate and distinct from the judiciary; and that the members of
the two first may be restrained from oppression, by feeling and
participating the burdens of the people, they should, at fixed periods,
be reduced to a private station, return into that body from which
they were originally taken, and the vacancies be supplied by frequent,
certain, and regular elections, in which all, or any part, of the
former members, to be again eligible, or ineligible, as the laws
shall direct.
Section 6.
That elections of members to serve as representatives of the
people, in assembly ought to be free; and that all men, having sufficient
evidence of permanent common interest with, and attachment to, the
community, have the right of suffrage and cannot be taxed or deprived
of their property for public uses without their own consent or that
of their representatives so elected, nor bound by any law to which
they have not, in like manner, assembled for the public good.
Section 7.
That all power of suspending laws, or the execution of laws, by
any authority, without consent of the representatives of the people,
is injurious to their rights and ought not to be exercised.
Section 8.
That in all capital or criminal prosecutions a man has a right to
demand the cause and nature of his accusation, to be confronted
with the accusers and witnesses, to call for evidence in his favor,
and to a speedy trial by an impartial jury of twelve men of his
vicinage, without whose unanimous consent he cannot be found guilty;
nor can he be compelled to give evidence against himself; that no
man be deprived of his liberty except by the law of the land or
the judgment of his peers.
Section 9.
That excessive bail ought not to be required, nor excessive fines
imposed, nor cruel and unusual punishments inflicted.
Section 10.
That general warrants, whereby an officer or messenger may be commanded
to search suspected places without evidence of a fact committed,
or to seize any person or persons not named, or whose offense is
not particularly described and supported by evidence, are grievous
and oppressive and ought not to be granted.
Section 11.
That in controversies respecting property, and in suits between
man and man, the ancient trial by jury is preferable to any other
and ought to be held sacred.
Section 12.
That the freedom of the press is one of the great bulwarks of
liberty, and can never be restrained but by despotic governments.
Section 13.
That a well-regulated militia, composed of the body of the people,
trained to arms, is the proper, natural, and safe defense of a free
state; that standing armies, in time of peace, should be avoided
as dangerous to liberty; and that in all cases the military should
be under strict subordination to, and governed by, the civil power.
Section 14.
That the people have a right to uniform government; and, therefore,
that no government separate from or independent of the government
of Virginia ought to be erected or established within the limits
thereof.
Section 15.
That no free government, or the blessings of liberty, can be
preserved to any people but by a firm adherence to justice, moderation,
temperance, frugality, and virtue and by frequent recurrence to
fundamental principles.
Section 16.
That religion, or the duty which we owe to our Creator, and the
manner of discharging it, can be directed only by reason and conviction,
not by force or violence; and therefore all men are equally entitled
to the free exercise of religion, according to the dictates of conscience;
and that it is the mutual duty of all to practise Christian forbearance,
love, and charity toward each other.
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U.S.
Declaration of Independence
The U.S. Declaration
of Independence was drafted by Thomas Jefferson between June 11
and June 28, 1776 and was adopted by the U.S Continental Congress
in Philadelphia on July 4, 1776.
Below is the
second paragraph of the Declaration. I have broken the paragraph
up to make it more easily readable.
Preamble of the U.S. Declaration of Independence
We hold these
truths to be self-evident, that all men are created equal, that
they are endowed by their Creator with certain unalienable Rights,
that among these are Life, Liberty and the pursuit of Happiness.
·
That to secure these rights, Governments are instituted among Men,
deriving their just powers from the consent of the governed,
·
That whenever any Form of Government becomes destructive of these
ends, it is the Right of the People to alter or to abolish it, and
to institute new Government, laying its foundation on such principles
and organizing its powers in such form, as to them shall seem most
likely to effect their Safety and Happiness.
·
Prudence, indeed, will dictate that Governments long established
should not be changed for light and transient causes; and accordingly
all experience hath shewn, that mankind are more disposed to suffer,
while evils are sufferable, than to right themselves by abolishing
the forms to which they are accustomed.
·
But when a long train of abuses and usurpations, pursuing invariably
the same Object evinces a design to reduce them under absolute Despotism,
it is their right, it is their duty, to throw off such Government,
and to provide new Guards for their future security.
·
Such has been the patient sufferance of these Colonies; and such
is now the necessity which constrains them to alter their former
Systems of Government.
The history
of the present King of Great Britain is a history of repeated injuries
and usurpations, all having in direct object the establishment of
an absolute Tyranny over these States.
U.S.
Declaration of Independence
Full Text
IN CONGRESS,
JULY 4, 1776
The unanimous Declaration of the thirteen united States of America
When in the
Course of human events it becomes necessary for one people to dissolve
the political bands which have connected them with another and to
assume among the powers of the earth, the separate and equal station
to which the Laws of Nature and of Nature's God entitle them, a
decent respect to the opinions of mankind requires that they should
declare the causes which impel them to the separation.
We hold these
truths to be self-evident, that all men are created equal, that
they are endowed by their Creator with certain unalienable Rights,
that among these are Life, Liberty and the pursuit of Happiness.
- That to secure these rights, Governments are instituted among
Men, deriving their just powers from the consent of the governed,
- That whenever any Form of Government becomes destructive of these
ends, it is the Right of the People to alter or to abolish it, and
to institute new Government, laying its foundation on such principles
and organizing its powers in such form, as to them shall seem most
likely to effect their Safety and Happiness. Prudence, indeed, will
dictate that Governments long established should not be changed
for light and transient causes; and accordingly all experience hath
shewn that mankind are more disposed to suffer, while evils are
sufferable than to right themselves by abolishing the forms to which
they are accustomed. But when a long train of abuses and usurpations,
pursuing invariably the same Object evinces a design to reduce them
under absolute Despotism, it is their right, it is their duty, to
throw off such Government, and to provide new Guards for their future
security. - Such has been the patient sufferance of these Colonies;
and such is now the necessity which constrains them to alter their
former Systems of Government. The history of the present King of
Great Britain is a history of repeated injuries and usurpations,
all having in direct object the establishment of an absolute Tyranny
over these States. To prove this, let Facts be submitted to a candid
world.
He has refused
his Assent to Laws, the most wholesome and necessary for the public
good.
He has forbidden
his Governors to pass Laws of immediate and pressing importance,
unless suspended in their operation till his Assent should be obtained;
and when so suspended, he has utterly neglected to attend to them.
He has refused
to pass other Laws for the accommodation of large districts of people,
unless those people would relinquish the right of Representation
in the Legislature, a right inestimable to them and formidable to
tyrants only.
He has called
together legislative bodies at places unusual, uncomfortable, and
distant from the depository of their Public Records, for the sole
purpose of fatiguing them into compliance with his measures.
He has dissolved
Representative Houses repeatedly, for opposing with manly firmness
his invasions on the rights of the people.
He has refused
for a long time, after such dissolutions, to cause others to be
elected, whereby the Legislative Powers, incapable of Annihilation,
have returned to the People at large for their exercise; the State
remaining in the mean time exposed to all the dangers of invasion
from without, and convulsions within.
He has endeavoured
to prevent the population of these States; for that purpose obstructing
the Laws for Naturalization of Foreigners; refusing to pass others
to encourage their migrations hither, and raising the conditions
of new Appropriations of Lands.
He has obstructed
the Administration of Justice by refusing his Assent to Laws for
establishing Judiciary Powers.
He has made
Judges dependent on his Will alone for the tenure of their offices,
and the amount and payment of their salaries.
He has erected
a multitude of New Offices, and sent hither swarms of Officers to
harass our people and eat out their substance.
He has kept
among us, in times of peace, Standing Armies without the Consent
of our legislatures.
He has affected
to render the Military independent of and superior to the Civil
Power.
He has combined
with others to subject us to a jurisdiction foreign to our constitution,
and unacknowledged by our laws; giving his Assent to their Acts
of pretended Legislation:
For quartering
large bodies of armed troops among us:
For protecting
them, by a mock Trial from punishment for any Murders which they
should commit on the Inhabitants of these States:
For cutting
off our Trade with all parts of the world:
For imposing
Taxes on us without our Consent:
For depriving
us in many cases, of the benefit of Trial by Jury:
For transporting
us beyond Seas to be tried for pretended offences:
For abolishing
the free System of English Laws in a neighbouring Province, establishing
therein an Arbitrary government, and enlarging its Boundaries so
as to render it at once an example and fit instrument for introducing
the same absolute rule into these Colonies
For taking away
our Charters, abolishing our most valuable Laws and altering fundamentally
the Forms of our Governments:
For suspending
our own Legislatures, and declaring themselves invested with power
to legislate for us in all cases whatsoever.
He has abdicated
Government here, by declaring us out of his Protection and waging
War against us.
He has plundered
our seas, ravaged our coasts, burnt our towns, and destroyed the
lives of our people.
He is at this
time transporting large Armies of foreign Mercenaries to compleat
the works of death, desolation, and tyranny, already begun with
circumstances of Cruelty & Perfidy scarcely paralleled in the
most barbarous ages, and totally unworthy the Head of a civilized
nation.
He has constrained
our fellow Citizens taken Captive on the high Seas to bear Arms
against their Country, to become the executioners of their friends
and Brethren, or to fall themselves by their Hands.
He has excited
domestic insurrections amongst us, and has endeavoured to bring
on the inhabitants of our frontiers, the merciless Indian Savages
whose known rule of warfare, is an undistinguished destruction of
all ages, sexes and conditions.
In every stage
of these Oppressions We have Petitioned for Redress in the most
humble terms: Our repeated Petitions have been answered only by
repeated injury. A Prince, whose character is thus marked by every
act which may define a Tyrant, is unfit to be the ruler of a free
people.
Nor have We
been wanting in attentions to our British brethren. We have warned
them from time to time of attempts by their legislature to extend
an unwarrantable jurisdiction over us. We have reminded them of
the circumstances of our emigration and settlement here. We have
appealed to their native justice and magnanimity, and we have conjured
them by the ties of our common kindred. to disavow these usurpations,
which would inevitably interrupt our connections and correspondence.
They too have been deaf to the voice of justice and of consanguinity.
We must, therefore, acquiesce in the necessity, which denounces
our Separation, and hold them, as we hold the rest of mankind, Enemies
in War, in Peace Friends.
We, therefore,
the Representatives of the United States of America, in General
Congress, Assembled, appealing to the Supreme Judge of the world
for the rectitude of our intentions, do, in the Name, and by Authority
of the good People of these Colonies, solemnly publish and declare,
That these United Colonies are, and of Right ought to be Free and
Independent States, that they are Absolved from all Allegiance to
the British Crown, and that all political connection between them
and the State of Great Britain, is and ought to be totally dissolved;
and that as Free and Independent States, they have full Power to
levy War, conclude Peace contract Alliances, establish Commerce,
and to do all other Acts and Things which Independent States may
of right do. - And for the support of this Declaration, with a firm
reliance on the protection of Divine Providence, we mutually pledge
to each other our Lives, our Fortunes and our sacred Honor.
- John Hancock
New Hampshire:
Josiah Bartlett, William Whipple, Matthew Thornton
Massachusetts:
John Hancock, Samuel Adams, John Adams, Robert Treat Paine, Elbridge
Gerry
Rhode Island:
Stephen Hopkins, William Ellery
Connecticut:
Roger Sherman, Samuel Huntington, William Williams, Oliver Wolcott
New York:
William Floyd, Philip Livingston, Francis Lewis, Lewis Morris
New Jersey:
Richard Stockton, John Witherspoon, Francis Hopkinson, John Hart,
Abraham Clark
Pennsylvania:
Robert Morris, Benjamin Rush, Benjamin Franklin, John Morton, George
Clymer, James Smith, George Taylor, James Wilson, George Ross
Delaware:
Caesar Rodney, George Read, Thomas McKean
Maryland:
Samuel Chase, William Paca, Thomas Stone, Charles Carroll of Carrollton
Virginia:
George Wythe, Richard Henry Lee, Thomas Jefferson, Benjamin Harrison,
Thomas Nelson, Jr., Francis Lightfoot Lee, Carter Braxton
North Carolina:
William Hooper, Joseph Hewes, John Penn
South Carolina:
Edward Rutledge, Thomas Heyward, Jr., Thomas Lynch, Jr., Arthur
Middleton
Georgia:
Button Gwinnett, Lyman Hall, George Walton
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U.S.
Bill of Rights
During the debates
on the adoption of the Constitution, its opponents repeatedly charged
that the Constitution as drafted would open the way to tyranny by
the central government. Fresh in their minds was the memory of the
British violation of civil rights before and during the Revolution.
They demanded a "bill of rights" that would spell out
the immunities of individual citizens.
When James Madison
drafted the amendments to the Constitution that were to become the
Bill of Rights, he drew heavily upon the ideas put forth in the
Virginia Declaration of Rights.
On September
25, 1789, the First Congress of the United States adopted and proposed
to the state legislatures 12 amendments to the Constitution. The
first two amendments were not ratified. Articles 3 to 12 however
were ratified by three-fourths of the state legislatures by December
15, 1791. These first 10 amendments of the Constitution are known
as the Bill of Rights.
The First Amendment
enshrines freedom of religion and freedom of speech.
The Tenth Amendment
affirms the principle that the Constitution delegates certain powers
to the United States Government by the people and by the individual
States. It does not grant rights and freedoms to the people by the
U.S. Government. These rights and freedoms of the people are senior
to and are in fact the sources of the authority of the U.S. Government.
U.S.
Bill of Rights
Full Text
THE BILL OF
RIGHTS
Amendments 1-10 of the Constitution
The Conventions
of a number of the States having, at the time of adopting the Constitution,
expressed a desire, in order to prevent misconstruction or abuse
of its powers, that further declaratory and restrictive clauses
should be added, and as extending the ground of public confidence
in the Government will best insure the beneficent ends of its institution;
Resolved, by
the Senate and House of Representatives of the United States of
America, in Congress assembled, two-thirds of both Houses concurring,
that the following articles be proposed to the Legislatures of the
several States, as amendments to the Constitution of the United
States; all or any of which articles, when ratified by three-fourths
of the said Legislatures, to be valid to all intents and purposes
as part of the said Constitution, namely:
Amendment
I
Congress shall
make no law respecting an establishment of religion, or prohibiting
the free exercise thereof; or abridging the freedom of speech, or
of the press; or the right of the people peaceably to assemble,
and to petition the government for a redress of grievances.
Amendment
II
A well regulated
militia, being necessary to the security of a free state, the right
of the people to keep and bear arms, shall not be infringed.
Amendment
III
No soldier shall,
in time of peace be quartered in any house, without the consent
of the owner, nor in time of war, but in a manner to be prescribed
by law.
Amendment
IV
The right of
the people to be secure in their persons, houses, papers, and effects,
against unreasonable searches and seizures, shall not be violated,
and no warrants shall issue, but upon probable cause, supported
by oath or affirmation, and particularly describing the place to
be searched, and the persons or things to be seized.
Amendment
V
No person shall
be held to answer for a capital, or otherwise infamous crime, unless
on a presentment or indictment of a grand jury, except in cases
arising in the land or naval forces, or in the militia, when in
actual service in time of war or public danger; nor shall any person
be subject for the same offense to be twice put in jeopardy of life
or limb; nor shall be compelled in any criminal case to be a witness
against himself, nor be deprived of life, liberty, or property,
without due process of law; nor shall private property be taken
for public use, without just compensation.
Amendment
VI
In all criminal
prosecutions, the accused shall enjoy the right to a speedy and
public trial, by an impartial jury of the state and district wherein
the crime shall have been committed, which district shall have been
previously ascertained by law, and to be informed of the nature
and cause of the accusation; to be confronted with the witnesses
against him; to have compulsory process for obtaining witnesses
in his favor, and to have the assistance of counsel for his defense.
Amendment
VII
In suits at
common law, where the value in controversy shall exceed twenty dollars,
the right of trial by jury shall be preserved, and no fact tried
by a jury, shall be otherwise reexamined in any court of the United
States, than according to the rules of the common law.
Amendment
VIII
Excessive bail
shall not be required, nor excessive fines imposed, nor cruel and
unusual punishments inflicted.
Amendment
IX
The enumeration
in the Constitution, of certain rights, shall not be construed to
deny or disparage others retained by the people.
Amendment
X
The powers not
delegated to the United States by the Constitution, nor prohibited
by it to the states, are reserved to the states respectively, or
to the people.
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French
Declaration of the Rights of Man and Citizen
The National
Assembly of France adopted this Declaration on 26 August 1789, 30
days before the First Congress of the United States adopted the
U.S. Bill of Rights and sent it to the state legislatures. Thomas
Jefferson was the U.S. Ambassador to France at that time. Some of
the French Assemblymen who worked on the Declaration consulted with
him.
Article 10 affirms
freedom of opinion, including religious opinion.
Article 11 upholds
freedom of speech.
Declaration
of the Rights of Man and Citizen (France)
Full Text
The French people,
as represented at the National Assembly, consider that ignorance,
disregard or contempt of human rights are the sole causes of the
nation's misfortunes and of the corruption of Government. So they
have resolved to state the natural, inalienable and sacred human
rights in a solemn Declaration. This Declaration is to be a constant
reminder to the members of the body politic of their rights and
their duties. The actions of the legislative and those of the executive
power may be compared at any time with the aim of all political
institutions. This should cause these actions to be more respectful
of that aim. The claims of the citizens, based henceforth on simple
and indisputable principles, should always be turned towards upholding
the Constitution and the common good.
For these reasons,
the National Assembly acknowledges and declares in the presence
of and under the auspices of the Supreme Being, the following rights
of man and citizen.
Articles:
1. Men are born and remain free and equal in rights. Social
distinctions may be founded only upon the general good.
2. The
aim of all political associations is to preserve man's natural and
sacred rights. These are the right to freedom, property, safety
and the right to resist oppression.
3. The
Nation is essentially the source of all sovereignty. No group or
individual may exercise any authority that does not proceed directly
from the Nation.
4. Freedom
is the power to do anything which does not harm another. The only
limits to the exercise of each person's natural rights are those
which ensure that the other members of the community enjoy those
same rights. Only legislation only may set these limits.
5. Only
actions harmful to the community may be made illegal. No-one may
be prevented from doing that which the law does not forbid, nor
be forced to do that which the law does not command.
6. Legislation
expresses the will of the community. Every citizen has a right to
participate personally, or through his representative, in its foundation.
Legislation must be the same for all, whether it protects or to
punishes. As all citizens are equal in the eye of the law, positions
of high rank, public office and employment are open to all on an
equal basis according to ability and without any distinction other
than that based on their merit and skill.
7. A
person may be accused, arrested or detained only in the cases specified
by law and in accordance with the procedures which the law provides.
Any one soliciting, transmitting, executing, or causing to be executed,
any arbitrary order, shall be punished. But any citizen summoned
or arrested pursuant to the law shall obey at once, as resistance
to the law is an offense.
8. Only
penalties which are strictly and clearly necessary may be established
by law, and no-one may be punished other than pursuant to a law
established and enacted prior to the offence, and applied lawfully.
9. As
all persons are presumed innocent until declared guilty, force used
in making indispensable arrests which exceeds that needed, shall
be severely punished by law.
10. No-one
may be troubled due to his opinions, whether or not they are on
religious issues provided that the expression of these opinions
does not disturb the peace.
11. Free
communication of ideas and opinions is one of the most precious
human rights. All citizens may therefore speak, write and print
freely, though they may be required to answer for abusing this right
in cases specified by law.
12. The
protection of the rights of man and the citizen requires a police
force. And so this force is established for the benefit of the community,
and not for the particular benefit of the persons with whom it is
entrusted.
13. The
maintenance of the police force and administration expenses require
public contributions. These contributions are to be borne by the
citizens equally according to their resources.
14. All
citizens have the right, either in person or through their representatives,
to ascertain the need for the public contributions, to freely authorize
these contributions, to monitor their use, and to determine the
amount, basis, collection and duration of contributions.
15. The
community has the right to ask any public officer to account for
his service.
16. Any
society in which (human) rights are not guaranteed, nor the scope
of (government) power determined, has no Constitution.
17. The
right of ownership is an inviolable and sacred right. One may not
be deprived of one's property, unless where public need, duly ascertained
by law, clearly requires it, and subject to the condition that fair
and prior compensation be made.
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Thomas
Paine's Observations on the Declaration of Rights
Observations on the Declaration of Rights
The three first
articles comprehend in general terms, the whole of a Declaration
of Rights: All the succeeding articles either originate from them,
or follow as elucidations. The 4th, 5th, and 6th, define more particularly
what is only generally expressed in the 1st, 2nd, and 3rd.
The 7th, 8th,
9th, 10th, and 11th articles, are declaratory of principles upon
which laws shall be constructed, conformable to rights already declared.
But it is questioned by some very good people in France, as well
as in other countries, whether the 10th article sufficiently guarantees
the right it is intended to accord with: besides which, it takes
off from the divine dignity of religion, and weakens its operative
force upon the mind, to make it a subject of human laws. It then
presents itself to Man, like light intercepted by a cloudy medium,
in which the source of it is obscured from his sight, and he sees
nothing to reverence in the dusky ray.
The remaining
articles, beginning with the twelfth, are substantially contained
in the principles of the preceding articles; but, in the particular
situation which France then was, having to undo what was wrong,
as well as to set up what was right, it was proper to be more particular
than what in another condition of things would be necessary.
While the Declaration
of Rights was before the National Assembly, some of its members
remarked, that if a Declaration of Rights was published, it should
be accompanied by a Declaration of Duties. The observation discovered
a mind that reflected, and it only erred by not reflecting far enough.
A Declaration of Rights is, by reciprocity, a Declaration of Duties
also. Whatever is my right as a man, is also the right of another;
and it becomes my duty to guarantee, as well as to possess.
The three first
articles are the basis of Liberty, as well individual as national;
nor can any country be called free, whose government does not take
its beginning from the principles they contain, and continue to
preserve them pure; and the whole of the Declaration of Rights is
of more value to the world, and will do more good, than all the
laws and statutes that have yet been promulgated.
In the declaratory
exordium which prefaces the Declaration of Rights, we see the solemn
and majestic spectacle of a Nation opening its commission, under
the auspices of its Creator, to establish a Government; a scene
so new, and so transcendently unequalled by anything in the European
world, that the name of a Revolution is diminutive of its character,
and it rises into a Regeneration of man. What are the present Governments
of Europe, but a scene of iniquity and oppression? What is that
of England? Do not its own inhabitants say, It is a market where
every man has his price, and where corruption is common traffic,
at the expense of a deluded people? No wonder, then, that the French
Revolution is traduced. Had it confined itself merely to the destruction
of flagrant despotism, perhaps Mr Burke and some others had been
silent. Their cry now is, 'It has gone too far:' that is, it has
gone too far for them. It stares corruption in the face, and the
venal tribe are all alarmed. Their fear discovers itself in their
outrage, and they are but publishing the groans of a wounded vice.
But from such opposition, the French Revolution, instead of suffering,
receives an homage. The more it is struck, the more sparks it will
emit; and the fear is, it will not be struck enough. It has nothing
to dread from attacks: Truth has given it an establishment; and
Time will record it with a name as lasting as his own.
Having now traced
the progress of the French Revolution through most of its principal
stages, from its commencement, to the taking of the Bastille, and
its establishment by the Declaration of Rights, I will close the
subject with the energetic apostrophe of M. de Lafayette - May this
great monument raised to Liberty, serve as a lesson to the oppressor,
and an example to the oppressed!Error! Hyperlink reference not valid.
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A
question for Iranian Muslims
The foundation
of the modern concept of human rights is that these rights are sacred
and senior to any government authority. In fact the people delegate
power to the government and the purpose of government is to promote
the common interests of the people.
In other words,
sovereignty resides in the people and the proper function of government
is to serve the people.
Democracy was
implemented in the U.S., and later in European and other countries,
for the very purpose of upholding, defending and safeguarding the
human rights of the people.
The Islamic
Republic of Iran is founded on the premise that sovereignty resides
in Allah. Allah delegates power to the clergy, the Olama, and the
Olama appoint the Rahbar. So the proper function of the Rahbar is
to rule the people and the proper function of the people is to serve
and obey the Rahbar.
This is similar
to the concept of the "divine right of kings" that prevailed
in Europe up until the 1700s and the Rahbar is in a way a Priest-King,
a Caliph.
The view of
the world that Islamic authority must rule every political, legal
and social aspect of all peoples lives is called Islamism and people
who think this way are called Islamists.
All Islamists
are Muslims. Not all Muslims are necessarily Islamists
The foundation
of human rights and democracy is completely different to the foundation
of Islamism.
Islamism is
completely incompatible with human rights and democracy. Islamic
democracy has never existed, does not exist and never will exist.
Islamic democracy is an oxymoron, a contradiction in terms.
So
if you are a Muslim then you need to decide: are you also an Islamist?
If you are an
Islamist then human rights and democracy are not for you.
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Suggested
Exercises
For each of
the Major Human Rights Documents of Mankind:
For each sentence,
Section or Article of the document:
Make sure that
you clearly understand the sentence/Section/Article. Look up any
words that are not clear to you.
Decide whether
you agree or disagree with the sentence/Section/Article.
If you agree
then decide what, if any, relevance the concepts in the sentence/Section/Article
may have for your country:
·
How does your country measure up right now?
·
How might your country be improved in the future?
After going
through each sentence/Section/Article of the document then decide
what, if any, relevance the concepts in the the document as a whole
may have for your country:
·
How does your country measure up right now?
·
How might your country be improved in the future?
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Conclusion
Let me close
with Article 16 of the French Declaration of the Rights of Man and
Citizen:
"Any
society in which (human) rights are not guaranteed, nor the scope
of (government) power determined, has no Constitution."
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