What is an example of a case that illustrates a broad margin of appreciation?

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The Otto-Preminger case, which pertains to the balance between freedom of expression and the protection of religious feelings, showcases a significant example of the "margin of appreciation" doctrine in action. This doctrine allows states to exercise discretion in interpreting and applying human rights standards based on their cultural, social, and historical contexts.

In Otto-Preminger, the European Court of Human Rights recognized that different countries have varying tolerances for expressions that may offend particular religious sentiments. The court concluded that Austria's decision to ban a film that mocked religious beliefs fell within its margin of appreciation, indicating that national authorities are better positioned to gauge community standards and the impact of public discourse on societal harmony.

This case exemplifies how the margin of appreciation permits states to make nuanced judgments that can reflect local contexts, particularly when balancing individual rights against collective values. The court's reliance on this doctrine underscores its recognition of the complexities involved in adjudicating cases that intersect with deeply held beliefs and values, making Otto-Preminger a pertinent illustration of the principle in action.

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