33 Protection of human rights

The non-contractual liability law of the DCFR has the function primarily (albeit not exclusively) of providing ‘horizontal’ protection of human rights — that is to say, a protection not vis-à-vis the state, but in relation to fellow citizens and others subject to private law. This protection is provided in the first instance by the claim to reparation for loss suffered, but is not confined to that. Prevention of damage is better than making good the damage; hence Book VI confers on a person who would suffer it a right to prevent an impending damage.1.