Grootboom and the seduction of the negative/positive duties dichotomy

Abstract

A prevailing dichotomy of liberal rights theory is the distinction between the negative and positive duties imposed by human rights norms. A strong duty of accountability is imposed when the State is perceived to interfere with people’s enjoyment of human rights, whether through the conduct of officials or legislative, executive or administrative action. Non-existent or much weaker accountability is imposed when State responsibility is attributed to omissions.