Responsabilité internationale et prévention des violations des droits de l’homme

Abstract

This paper is devoted to the prevention of human rights violations, by means of rules on internationally wrongful acts. It argues that the preventive function of these rules has traditionally been rather limited. However, it highlights that this function has expanded as international monitoring bodies increasingly exercise their authority to guide state action in this area. This conclusion is drawn in particular from the growing recognition of positive obligations upon states and the tendency to recommend general or specific measures in cases of structural violations.