The emergence of mixed legal systems in various regions, including Asia, Africa and parts of Oceania, can be attributed to political and historical linkages with countries adhering to civil law and common law traditions. Notable influences include France, the UK, Belgium and Portugal, along with the Anglo-Dutch legal system prevalent in Southern Africa.

In colonised states, the coexistence of pre-existing customary law or Shari’a with civil law, common law, or Anglo-Dutch systems facilitated the development of mixed legal systems. Although these states gained political independence these systems persisted, reflecting the enduring impact of colonial legal frameworks (see Sloth-Nielsen 2012).

Some countries with diverse populations enact personal status laws specific to dominant religions. For instance, India and Sri Lanka have legislation tailored to each major religion, adding layers of complexity to legal systems.

Pluralist countries combine civil law or common law with Islamic law or customary law, where these different legal traditions may operate independently or interact within the legal framework.

Pluralist countries face the challenge of balancing diverse legal approaches from multiple systems operating concurrently. This balancing act is crucial in ensuring equitable treatment and protection of children's rights across different legal traditions.

Laws, whether written or unwritten, typically specify how each legal system operates within a given state. This delineation helps manage the coexistence of different legal traditions and ensures clarity in legal application.

In some countries, laws based on religion apply only to individuals belonging to specific religious denominations. Additionally, customary laws derived from indigenous groups may prevail, particularly in Africa, even in the presence of national laws contradicting them.

Mixed or pluralist legal systems present unique challenges in navigating and analysing legislative reforms aimed at protecting children's rights. The intricate interplay between various legal traditions requires careful consideration to develop comprehensive and inclusive legislative frameworks that prioritise children's best interests.

It is imperative that traditional practices align with children's rights and children’s rights discourse (Sloth-Nielsen 2012) for legal reforms to be effective, even if the written laws of a country already respect children's rights. In countries with mixed legal systems, implementing legislative reforms in line with the CRC can be challenging due to the complexity of multiple legal sources. However, engaging with traditional chiefs and community members can facilitate community-driven changes aligned with the CRC.

Addressing the complexities of mixed legal systems in the context of children's rights legislative reform necessitates thorough understanding and sensitivity to diverse cultural, religious and customary norms while ensuring the effective protection and promotion of children's rights across all legal traditions.