279 Daniel Rey Moral The incidence of the gender perspective in drafting the new armed forces disciplinary regime law The indefinite prolongation of the duration of the permission in order to fulfil the aforementioned duties could be solicited when the sanctioned military serviceman belongs to a one-parent family; or when the other parent, whether employed by the military or not, is posted in another locality or deployed in a different operational zone. In these cases, a clash between personal (caring for the family) and professional interests (maintenance of discipline) may occur, whereby the extensive and extensible application of article 227 Military Criminal Procedure Law in relation to article 15 of the Disciplinary law would be almost mandatory; extensive, in that it affects the fundamental and constitutional rights of the military serviceman, such as the right to education, the right to access to redress through the courts, or the rights to healthcare provision and extensible in that it affects those (generally children, who are minors) who depend solely and unilaterally on the military serviceman. To further facilitate the task of the Authority which has to decide on these circumstances, the Constitutional Court, in a ruling 61/2013, of 14th March, recognised the new right to non-discrimination for reasons of family and reconciliation; as well as the duty of the public authorities to protect the family and children in accordance with article 39 de la Constitution.26 This duty of protection –states the ruling- “must prevail and provide guidance for the solution of any doubt in interpretation” in the application of a norm that affects the reconciliation of family and professional life. • The Suspension or Non-Execution of Sanctions The Gender Perspective is one of the multiple factors that have had an influence on the drafting of article 63 of the Armed Forces Disciplinary Bill, regulating the suspension or non-execution of disciplinary sanctions. In accordance with its wording and even more specifically, in accordance with the terms of article 70 of the Organic Law 8/1998 in force, this precept allows for the agreement to suspend the sanction for a period less than prescribed, or the definitive non-execution of the sanction not only ex officio but also on application by a party, when “exceptional circumstances of a personal nature (…) indicate a just cause and do not prejudice discipline.”. Furthermore, article 72 of the Project also provides the sanctioned party during the disciplinary appeal process, to “request the suspension of sanctions for very serious and serious offence during the appeal process, when its execution could have damaging consequences that would be impossible or difficult to repair or the appeal is based on one 26 Article 39.1.- The public authorities ensure the social, economic and legal protection of the family. Article 39.2.- The public authorities furthermore ensure the comprehensive protection of children, equal before the law irrespective of their affiliation, and that of their mothers, whatever their civil status. The law enables paternity testing.
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