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Understanding children’s rights in the context of a hybrid legal regime : a socio-legal analysis of child custody issues in Uzbekistan

Urinboyev, Rustam LU and Ibragimov, Diyorbek (2025) In International Journal of Law, Policy and the Family 39(1). p.1-1
Abstract
This article examines how the principle of ‘the best interests of the child’, as enshrined in the Convention on the Rights of the Child (CRC), is interpreted, constructed, and applied in court cases involving child custody disputes. These disputes provide a globally relevant example of the CRC’s social dynamics, as they often involve interactions and negotiations among diverse professional groups. Specifically, the article investigates how professional actors involved in child custody cases – judges, legal professionals, social workers, community leaders, and religious figures – construct and apply the concept of children’s rights. It further explores how their reasoning, attitudes, and decisions are influenced by broader socio-cultural,... (More)
This article examines how the principle of ‘the best interests of the child’, as enshrined in the Convention on the Rights of the Child (CRC), is interpreted, constructed, and applied in court cases involving child custody disputes. These disputes provide a globally relevant example of the CRC’s social dynamics, as they often involve interactions and negotiations among diverse professional groups. Specifically, the article investigates how professional actors involved in child custody cases – judges, legal professionals, social workers, community leaders, and religious figures – construct and apply the concept of children’s rights. It further explores how their reasoning, attitudes, and decisions are influenced by broader socio-cultural, religious, and political contexts. To address these issues, the article employs socio-legal frameworks of legal culture and legal pluralism, focusing on a case study of child custody disputes in Uzbekistan, a hybrid legal regime in Central Asia representing a distinctive blend of Soviet, Western, and Islamic legal traditions. (Less)
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author
and
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
child rights, child custody, Uzbekistan, sociology of law, legal culture
in
International Journal of Law, Policy and the Family
volume
39
issue
1
article number
ebaf011
pages
16 pages
publisher
Oxford University Press
ISSN
1464-3707
DOI
10.1093/lawfam/ebaf011
project
MARS: Non-Western Migration Regimes in a Global Perspective
Projekttitel: Barnrättsliga dynamiker. En jämförande analys av vårdnadsmål i tre rättskulturer
Administrative Law Reform and Legal Integration in Hybrid Political Regimes
Legal Cultures and Business Environments in Central Asia
The Multilevel Orders of Corruption - Insights from a Post-Soviet Context
Multilevel Orders of Corruption in Central Asia
language
English
LU publication?
yes
id
fe1f319b-c9c0-46c6-8145-cd8e64ca7bec
date added to LUP
2025-09-14 20:16:21
date last changed
2025-09-15 10:48:19
@article{fe1f319b-c9c0-46c6-8145-cd8e64ca7bec,
  abstract     = {{This article examines how the principle of ‘the best interests of the child’, as enshrined in the Convention on the Rights of the Child (CRC), is interpreted, constructed, and applied in court cases involving child custody disputes. These disputes provide a globally relevant example of the CRC’s social dynamics, as they often involve interactions and negotiations among diverse professional groups. Specifically, the article investigates how professional actors involved in child custody cases – judges, legal professionals, social workers, community leaders, and religious figures – construct and apply the concept of children’s rights. It further explores how their reasoning, attitudes, and decisions are influenced by broader socio-cultural, religious, and political contexts. To address these issues, the article employs socio-legal frameworks of legal culture and legal pluralism, focusing on a case study of child custody disputes in Uzbekistan, a hybrid legal regime in Central Asia representing a distinctive blend of Soviet, Western, and Islamic legal traditions.}},
  author       = {{Urinboyev, Rustam and Ibragimov, Diyorbek}},
  issn         = {{1464-3707}},
  keywords     = {{child rights; child custody; Uzbekistan; sociology of law; legal culture}},
  language     = {{eng}},
  month        = {{09}},
  number       = {{1}},
  pages        = {{1--1}},
  publisher    = {{Oxford University Press}},
  series       = {{International Journal of Law, Policy and the Family}},
  title        = {{Understanding children’s rights in the context of a hybrid legal regime : a socio-legal analysis of child custody issues in Uzbekistan}},
  url          = {{https://lup.lub.lu.se/search/files/227719187/published_article.pdf}},
  doi          = {{10.1093/lawfam/ebaf011}},
  volume       = {{39}},
  year         = {{2025}},
}