270 Journal of the Spanisch Institute for Strategic Studies N. 3 / 2014 section III of the Preface to the Organic law 9/2011 states that in the application of the Organic Law 3/2007, and the Law 39/2007, the gender criterion in the regulation of the exercise of rights and liberties, the effectiveness of equality between male and female military personnel and the elimination of all discrimination on account of sex or gender are fundamental principles of this law. Furthermore, the Additional Eighth Provision of the Organic Law 9/2011 establishes that: “The Government shall within the space of one year present to the Lower House of Parliament a Draft Reform Bill of the Organic Law on the Disciplinary Regime of the Armed Forces 8/1998, of 2nd December. The text shall take into account the doctrine of the European Court of Human Rights, the Constitutional Court and the Supreme Court on fundamental rights and guarantees in the exercise of disciplinary powers in the military sphere and their necessary adaptation to the full professionalisation of the Armed Forces, and the presence of women and the organisation and missions indicated in the Organic Law on National Defence”. THE NEW ARMED FORCES DISCIPLINARY REGIME LAW Discipline as an essential rule for the correct functioning of the Armed Forces, hierarchy as the situation between command, subordination and responsibility in the discharge of duties, and Unity as the manifestation of loyalty and fellowship among colleagues in the fulfilment of missions, these are guidelines which, through the means provided by the State, must rule the daily acts and functions of the military in order to achieve maximum efficiency in their mission. The observance and fulfilment of these rules cannot be satisfied without the existence of a framework of equality between the men and women who make up the Armed Forces, as provided for in article 13 of the Royal Decree 96/2009, of 6th February, which approves the Royal Ordinances for the Armed Forces,10 and article 4 of the Organic Law 9/2011.11 This is the backdrop against which work commenced on the creation and future 10 Article 13.- (The military) “Will ensure the application of criteria and norms relative to the effective equality of men and women and the prevention of gender violence”. 11 Article 4.1.- “In the Armed Forces there shall be no discrimination whatever on account of birth, racial or ethnic origin, gender, sex, sexual orientation, religion or convictions, opinions or any other personal or social condition or circumstance”. Article 4.2.- “The corresponding authorities shall promote the necessary measures to guarantee that, within the Armed Forces, equality between men and women is real and effective, and shall impede any situation of discrimination; especially in access, delivery of service, training and the military profession”.
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