Judicial dialogue: challenges, instrumentalization and perspectives

Judicial dialogue is an important instrument for human rights protection. However, the distortion of judicial dialogue can also be instrumentalized to i) erode democracy, ii) strengthen authoritarian political projects, or iii) reduce domestic protection of human rights degree. Before and during the COVID 19 pandemic, there have been phenomena of abusive instrumentalization of the standards established by the Inter-American Court of Human Rights. The objective of this paper is to identify this phenomenon, characterize it, and report it. In addition, it is proposed to expand the channels of dialogue between the national and inter-American authorities. The objective is for citizens to be the protagonists of a dialogue on the best way to obtain the protection of their rights in contexts of deep social inequality.