| MARTINIQUE Department of Martinique Département Île de la Martinique (Overseas department of France) Joined United Nations: 24 October 1945 Human Rights as assured by their constitution Updated 17 January 2013 |
The representatives of the French people, organized as a National Assembly, believing that the ignorance, neglect, or contempt of the
rights of man are the sole cause of public calamities and of the corruption of governments, have determined to set forth in a solemn
declaration the natural, unalienable, and sacred rights of man, in order that this declaration, being constantly before all the members of the
Social body, shall remind them continually of their rights and duties; in order that the acts of the legislative power, as well as those of the
executive power, may be compared at any moment with the objects and purposes of all political institutions and may thus be more
respected, and, lastly, in order that the grievances of the citizens, based hereafter upon simple and incontestable principles, shall tend to
the maintenance of the constitution and redound to the happiness of all. Therefore the National Assembly recognizes and proclaims, in the
presence and under the auspices of the Supreme Being, the following rights of man and of the 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 association is the preservation of the natural and imprescriptible rights of man. These rights are liberty,
property, security, and resistance to oppression.
3. The principle of all sovereignty resides essentially in the nation. No body nor individual may exercise any authority which does not
proceed directly from the nation.
4. Liberty consists in the freedom to do everything which injures no one else; hence the exercise of the natural rights of each man has no
limits except those which assure to the other members of the society the enjoyment of the same rights. These limits can only be
determined by law.
5. Law can only prohibit such actions as are hurtful to society. Nothing may be prevented which is not forbidden by law, and no one
may be forced to do anything not provided for by law.
6. Law is the expression of the general will. Every citizen has a right to participate personally, or through his representative, in its
foundation. It must be the same for all, whether it protects or punishes. All citizens, being equal in the eyes of the law, are equally eligible
to all dignities and to all public positions and occupations, according to their abilities, and without distinction except that of their virtues
and talents.
7. No person shall be accused, arrested, or imprisoned except in the cases and according to the forms prescribed by law. Any one
soliciting, transmitting, executing, or causing to be executed, any arbitrary order, shall be punished. But any citizen summoned or arrested
in virtue of the law shall submit without delay, as resistance constitutes an offense.
8. The law shall provide for such punishments only as are strictly and obviously necessary, and no one shall suffer punishment except it
be legally inflicted in virtue of a law passed and promulgated before the commission of the offense.
9. As all persons are held innocent until they shall have been declared guilty, if arrest shall be deemed indispensable, all harshness not
essential to the securing of the prisoner's person shall be severely repressed by law.
10. No one shall be disquieted on account of his opinions, including his religious views, provided their manifestation does not disturb the
public order established by law.
11. The free communication of ideas and opinions is one of the most precious of the rights of man. Every citizen may, accordingly,
speak, write, and print with freedom, but shall be responsible for such abuses of this freedom as shall be defined by law.
12. The security of the rights of man and of the citizen requires public military forces. These forces are, therefore, established for the
good of all and not for the personal advantage of those to whom they shall be intrusted.
13. A common contribution is essential for the maintenance of the public forces and for the cost of administration. This should be
equitably distributed among all the citizens in proportion to their means.
14. All the citizens have a right to decide, either personally or by their representatives, as to the necessity of the public contribution; to
grant this freely; to know to what uses it is put; and to fix the proportion, the mode of assessment and of collection and the duration of
the taxes.
15. Society has the right to require of every public agent an account of his administration.
16. A society in which the observance of the law is not assured, nor the separation of powers defined, has no constitution at all.
17. Since property is an inviolable and sacred right, no one shall be deprived thereof except where public necessity, legally determined,
shall clearly demand it, and then only on condition that the owner shall have been previously and equitably indemnified.
rights of man are the sole cause of public calamities and of the corruption of governments, have determined to set forth in a solemn
declaration the natural, unalienable, and sacred rights of man, in order that this declaration, being constantly before all the members of the
Social body, shall remind them continually of their rights and duties; in order that the acts of the legislative power, as well as those of the
executive power, may be compared at any moment with the objects and purposes of all political institutions and may thus be more
respected, and, lastly, in order that the grievances of the citizens, based hereafter upon simple and incontestable principles, shall tend to
the maintenance of the constitution and redound to the happiness of all. Therefore the National Assembly recognizes and proclaims, in the
presence and under the auspices of the Supreme Being, the following rights of man and of the 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 association is the preservation of the natural and imprescriptible rights of man. These rights are liberty,
property, security, and resistance to oppression.
3. The principle of all sovereignty resides essentially in the nation. No body nor individual may exercise any authority which does not
proceed directly from the nation.
4. Liberty consists in the freedom to do everything which injures no one else; hence the exercise of the natural rights of each man has no
limits except those which assure to the other members of the society the enjoyment of the same rights. These limits can only be
determined by law.
5. Law can only prohibit such actions as are hurtful to society. Nothing may be prevented which is not forbidden by law, and no one
may be forced to do anything not provided for by law.
6. Law is the expression of the general will. Every citizen has a right to participate personally, or through his representative, in its
foundation. It must be the same for all, whether it protects or punishes. All citizens, being equal in the eyes of the law, are equally eligible
to all dignities and to all public positions and occupations, according to their abilities, and without distinction except that of their virtues
and talents.
7. No person shall be accused, arrested, or imprisoned except in the cases and according to the forms prescribed by law. Any one
soliciting, transmitting, executing, or causing to be executed, any arbitrary order, shall be punished. But any citizen summoned or arrested
in virtue of the law shall submit without delay, as resistance constitutes an offense.
8. The law shall provide for such punishments only as are strictly and obviously necessary, and no one shall suffer punishment except it
be legally inflicted in virtue of a law passed and promulgated before the commission of the offense.
9. As all persons are held innocent until they shall have been declared guilty, if arrest shall be deemed indispensable, all harshness not
essential to the securing of the prisoner's person shall be severely repressed by law.
10. No one shall be disquieted on account of his opinions, including his religious views, provided their manifestation does not disturb the
public order established by law.
11. The free communication of ideas and opinions is one of the most precious of the rights of man. Every citizen may, accordingly,
speak, write, and print with freedom, but shall be responsible for such abuses of this freedom as shall be defined by law.
12. The security of the rights of man and of the citizen requires public military forces. These forces are, therefore, established for the
good of all and not for the personal advantage of those to whom they shall be intrusted.
13. A common contribution is essential for the maintenance of the public forces and for the cost of administration. This should be
equitably distributed among all the citizens in proportion to their means.
14. All the citizens have a right to decide, either personally or by their representatives, as to the necessity of the public contribution; to
grant this freely; to know to what uses it is put; and to fix the proportion, the mode of assessment and of collection and the duration of
the taxes.
15. Society has the right to require of every public agent an account of his administration.
16. A society in which the observance of the law is not assured, nor the separation of powers defined, has no constitution at all.
17. Since property is an inviolable and sacred right, no one shall be deprived thereof except where public necessity, legally determined,
shall clearly demand it, and then only on condition that the owner shall have been previously and equitably indemnified.
Arawak and Carib Indians were the first known inhabitants of the island when first
encountered by Columbus in 1493. European settlement of the island did not occur until
French migrants from Saint Kitts landed on the island in 1635. All Carib Indians not killed
were forcibly removed in 1660 and Africans were imported as slave labor on the plantations.
Britain captured the island in for a year in 1762 and again from 1794 to 1802 and 1809 to
1814. Slavery was abolished during British rule but reinstated when control returned to
France and officially abolished in 1848. Martinique is an overseas department of France and
thus does not have its own constitution. The current Constitution of France was adopted on
October 4, 1958, and has been amended 17 times, most recently on March 28, 2003. Under
these amendments to the French Constitution, made specifically to decentralise power in
France, Martinique is allowed - like any other part of France - some greater measures of local
self-regulation. However, the constitutional amendments also very strongly anchored all
the French overseas possessions to the French Republic by including the names of all ten
overseas entities in the French Constitution. This means that no possession is able to leave
the French Republic without a prior revision of the French Constitution. The 2003
amendments defined Martinique - and other French overseas possessions (other than New
Caledonia) - as "overseas entities of France". It is typically called the Constitution of the
Fifth Republic, and replaced that of the Fourth Republic dating from October 27, 1946.
Charles de Gaulle was its main instigator; the constitution was drafted by Michel Debré. The
preamble of the constitution recalls the Declaration of the Rights of Man and of the Citizen
from 1789 and establishes France as a secular and democratic republic, deriving its
sovereignty from the people. The full text of the Declaration of the Rights of Man are detailed
below. For a full English translation of France's constitution, click here.
encountered by Columbus in 1493. European settlement of the island did not occur until
French migrants from Saint Kitts landed on the island in 1635. All Carib Indians not killed
were forcibly removed in 1660 and Africans were imported as slave labor on the plantations.
Britain captured the island in for a year in 1762 and again from 1794 to 1802 and 1809 to
1814. Slavery was abolished during British rule but reinstated when control returned to
France and officially abolished in 1848. Martinique is an overseas department of France and
thus does not have its own constitution. The current Constitution of France was adopted on
October 4, 1958, and has been amended 17 times, most recently on March 28, 2003. Under
these amendments to the French Constitution, made specifically to decentralise power in
France, Martinique is allowed - like any other part of France - some greater measures of local
self-regulation. However, the constitutional amendments also very strongly anchored all
the French overseas possessions to the French Republic by including the names of all ten
overseas entities in the French Constitution. This means that no possession is able to leave
the French Republic without a prior revision of the French Constitution. The 2003
amendments defined Martinique - and other French overseas possessions (other than New
Caledonia) - as "overseas entities of France". It is typically called the Constitution of the
Fifth Republic, and replaced that of the Fourth Republic dating from October 27, 1946.
Charles de Gaulle was its main instigator; the constitution was drafted by Michel Debré. The
preamble of the constitution recalls the Declaration of the Rights of Man and of the Citizen
from 1789 and establishes France as a secular and democratic republic, deriving its
sovereignty from the people. The full text of the Declaration of the Rights of Man are detailed
below. For a full English translation of France's constitution, click here.
| Approved by the National Assembly of France, August 26, 1789 |