Understanding children’s rights in the context of a hybrid legal regime : a socio-legal analysis of child custody issues in Uzbekistan
(2025) In International Journal of Law, Policy and the Family 39(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... (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.
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- author
- Urinboyev, Rustamjon LU and Ibragimov, Diyorbek LU
- organization
- publishing date
- 2025
- type
- Contribution to journal
- publication status
- published
- subject
- keywords
- Child custody, Child rights, Legal culture, Sociology of law, Uzbekistan
- in
- International Journal of Law, Policy and the Family
- volume
- 39
- issue
- 1
- article number
- ebaf011
- publisher
- Oxford University Press
- external identifiers
-
- scopus:105016678100
- 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
- 2025-10-14 11:08:52
@article{fe1f319b-c9c0-46c6-8145-cd8e64ca7bec,
abstract = {{<p>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.</p>}},
author = {{Urinboyev, Rustamjon and Ibragimov, Diyorbek}},
issn = {{1464-3707}},
keywords = {{Child custody; Child rights; Legal culture; Sociology of law; Uzbekistan}},
language = {{eng}},
number = {{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}},
}