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271 Daniel Rey Moral The incidence of the gender perspective in drafting the new armed forces disciplinary regime law enforcement of the forthcoming Disciplinary Regime legislation. The Plenary Session of the Judiciary at its meeting of September 2012, delivered its opinion on the Armed Forces Disciplinary Regime Organic Preliminary Draft Bill, as did the Permanent Commission of the Council of State on 26 May, 2011 (File 829/2011); and later in a statement adopted unanimously, this time on the Draft Bill, at a session held on 4 April, 2013, (File nº 83/2013), from which the following consideration is of interest for the matter in hand: The Preliminary Section of the draft bill states that the Organic Law “aims to regulate the disciplinary regime within the Armed Forces with the ultimate goal of guaranteeing the observance of the rules of behaviour for the military; in particular, discipline, hierarchy, and unity, which in accordance with the Constitution and the rest of prevailing legislation, constitute a code of conduct for the members of the Armed Force ”. According to the provisions of the Gender Impact Report contained in the Regulatory Impact Analysis Report12 drafted by the Technical General Secretary of the Ministry of Defence, the disciplinary draft bill “contains all the possible offences that infringe on the effective equality of men and women and the non-discrimination of the members of the Armed Forces (…) whereby it is considered that its impact, in terms of gender, will be positive..”. A beneficial effect is therefore expected, deriving from the inclusion of all the possible offences of this type and grading them as: minor (articles 6.27 y 6.28 of the Preliminary Draft bill), serious (article7.27 of the preliminary draft bill) and very serious (article 8.11 of the preliminary draft bill). DISCIPLINARY TYPES The Armed Forces Disciplinary Regime Draft Bill presented on 10th May last to the Spanish Lower House for its study, states in article 5 that disciplinary faults are those actions and omissions, wilful or imprudent, included in the law. The influence of the Gender Perspective is included in some of the disciplinary types qualified as minor, (article 6), serious (article 7) and very serious (article 8) offences. 12  Essential and obligatory tool for rendering effective the principle of equality in the contents of all legal norms in the framework of the General administration of the State, as provided for in Royal Decree1083/2009, of July 3rd, which regulates the Normative Impact Analysis Report.


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