In what scenario is the margin of appreciation likely to be wide?

The margin of appreciation is a legal doctrine that allows a state to make decisions that fall within the realm of human rights observance, acknowledging that countries have different cultures, values, and circumstances. A wide margin of appreciation typically arises in contexts where there is a significant consideration of local public morals, which can vary greatly from one society to another.

When public morals are at stake, states are often afforded greater leeway to legislate or enforce laws that reflect the prevailing morals and values of their society. This is because moral issues can be deeply rooted in a country's cultural and historical context, making it challenging to apply a universal standard strictly. For example, in matters concerning issues such as censorship, family law, and morality-related policies, jurisdictions may defer to local norms, thereby granting them a broader scope to act in accordance with what they deem appropriate or necessary based on their unique moral framework.

In contrast, scenarios involving gender rights or instances where national identity is affected—while also significant—do not typically provide as wide a margin. Gender rights often involve principles of equality and non-discrimination that are more universally recognized, thus inviting closer scrutiny rather than broad discretion. Similarly, when there is a strong European consensus on a particular issue, states may find that