The Declaration of the Rights of the Man and of the Citizen - 2610


The Representatives of the People of the UEE, constituted in the Senate, considering that the ignorance, the neglect or the contempt of the humans right are the only causes of the public misfortunes and the corruption of the Governments, have resolved to expose in a solemn Declaration, the natural, inalienable and sacred rights of Man, so that this Declaration, constantly presented to all Members of the social body, reminds them constantly of their rights and duties, so that the acts of the legislative power and those of the executive power, which can be constantly compared with the goal of any political institution, are more respected, so that the claims of citizens, now based on simple and indisputable principles, always turn to the maintenance of the Imperial Constitution and the happiness of all.

Consequently, the National Assembly recognizes and declares, in the presence and under the auspices of the Supreme Being, the following rights of the Man and the Citizen.

Art. 1. Men are born and remain free and equal in rights. Social distinctions can only be based on the common good.

Art. 2. The goal of any political association is the preservation of the natural and imprescriptible rights of Man. These rights are liberty, property, safety, and resistance to oppression.

Art. 3. The principle of all Sovereignty resides essentially in the Nation. No body, no individual can exercise authority that does not expressly emanate from it.

Art. 4. Freedom consists in being able to do all that does not harm others: thus, the exercise of the natural rights of each man has limits only those which assure the other Members of the Society the enjoyment of these same rights. These bounds can only be determined by the Law.

Art. 5. The Law has the right to defend only actions harmful to the Society. All that is not defended by the Law can not be prevented, and no one can be compelled to do what it does not order.

Art. 6. The law is the expression of the general will. All citizens have the right to compete personally, or by their representatives, in its formation. It must be the same for everyone, whether it protects or punishes. All citizens being equal in his eyes are equally eligible for all dignities, places and public offices, according to their capacity, and without distinction other than that of their virtues and talents.

Art. 7. No man may be accused, arrested or detained except in the cases determined by the Law, and according to the forms it has prescribed. Those who solicit, expedite, execute, or execute arbitrary orders must be punished; but every citizen called or seized under the law must obey at once: he is guilty by the resistance.

Art. 8. The law must only establish penalties that are strictly and obviously necessary, and no one may be punished except by virtue of a law established and promulgated prior to the offense, and legally enforced.

Art. 9. Every man being presumed innocent until he has been found guilty, if it is considered indispensable to arrest him, any rigor which is not necessary to secure his person must be severely repressed by the law.

Art. 10. No one shall be disturbed for his opinions, even religious ones, provided that their manifestation does not disturb the public order established by the Law.

Art. 11. The free communication of thoughts and opinions is one of the most precious rights of man: every citizen can therefore speak, write, print freely, except to answer for the abuse of this freedom in the cases determined by the law. .

Art. 12. The guarantee of the rights of man and of the citizen requires a public force: this force is thus instituted for the benefit of all, and not for the particular utility of those to whom it is entrusted.

 Art. 13. For the maintenance of the public force, and for the expenses of administration, a common contribution is indispensable: it must be equally distributed among all the citizens, because of their faculties.

Art. 14. All citizens have the right to ascertain, by themselves or by their representatives, the necessity of the public contribution, to freely consent to it, to follow its use, and to determine the amount, the plate, recovery and duration.

Art. 15. The Company has the right to require the account of any public agent of its administration.

Art. 16. Every society in which the guarantee of rights is not assured, nor the separation of powers determined, has no constitution.

Art. 17. Property being an inviolable and sacred right, no one can be deprived of it, except when public necessity, legally established, obviously demands it, and under the condition of a just and prior indemnity.

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