Every once in a while I get the privilege of speaking directly to the up-growing generation.
So was the case in this video published today at the Norwegian digital learning arena. An educationel interactive platform for all highschools in Norway.
"I have nothing against that sexually active grownups choose to take the risk of getting HIV. I just want that before they do, they have thought true the consequences of their choice. If their conclusion are that they don't want to take that chance, they should take the responsibility of protecting themselves. Not leave it to the world around them. Living a good life with HIV is absolutely achievable, but I wouldn't recommend anyone to get it!
Minister of Health and leader of the Law committee
Honestly it has taken me some time to “swallow” the Report. I don't find the Commissions proposal to a new penal code very controversial. To me it's a slight improvement to the old one (§ 155) and to the § 237/238 which never been used. The main reason is how they still want to continue to criminalize the risk of transmission, next to transmission itself. Just like we always have.
As “crumbs to the poor” they have proposed to raise the level for when the law should be used against people living with HIV. But in my experience, it's little comfort in this.
I've been told that with this new penal code, I would never have been prosecuted? I'm not convinced. One of the things we'll have to fight the prosecutor about in my upcoming trial, is how they came to the conclusion that my actions where (and still are considered as) intentional negligence? When professionals within the same justice system can interpret one single action in so different ways as they have in my case, why should we feel safer with the committee's new “reckless behavior”? Justice is not mathematically science, it's subjective interpretations.
Proposing a new penal code (even though they have “softened” it), means that the majority of the committee and their followers must have a complete trust in the justice system, including police investigators, prosecutors and judges to be without any prejudice against people living with HIV and their “true” attention when having sex.
The majority of the committee still reviews the risk of transmission as a punishable act of behavior. Believing it will have an influence to how people living with HIV conduct their sex life in a safer way. They are suggesting that the penal code should apply when you expose two or more people to the risk of infection or if you are found to have had a reckless behavior. The exceptions that should exempt from criminal responsibility includes: having your partner consent in the presence of health care personnel or when proper infection control measures have been taken (like use of condom with sexual intercourse) and practicing “safer sex”.
The committee has chosen to dismiss advices from UN, UNAIDS and other international organization about not criminalizing the risk of transmission, because the lack of substantial research. Instead they argue that a continuous criminalization is in compliance with peoples general feelings of justice. Neither do they find medical treatment sufficient enough to exempt from criminal liability?
I am not a lawyer. Nor am I a doctor or in any other way academically educated to call myself an expert, when it comes to HIV. I just happens to live with it. But others more skilled than me have made some interesting comments to the Report, like:
To put it in to perspective. I visited my HIV specialized doctor a couple of weeks ago to talk about my latest blood samples. After seeing him I had to visit a nurse to agree on when to do my next sample. This takes place in the Infection Department of the University Hospital of Oslo, where all the people in need of medical treatment and many newly infected gets their HIV-guidance.
On her table among a lot of different brochures I find the same brochure about men who have sex with men and how to practice “safer sex” to avoid STD's and HIV, that I picked up when I first got my diagnose.
I found the page where it explains how oral intercourse can be practiced as long as it don't involve any cum. I put it in front of her and said something like:
-Why are you still giving out this one? You know by now that this information is illegal according to Norwegian law and the public prosecutors. I know that the advices given by medical staff and the law sometimes differs, but is it not time for you people to start talking to each other?
Even if I should get acquitted at my trial in February 2013, two peoples life have been changed forever. And with it friendships, family and work. It might not be important to the greater good of the society, but it sure as hell should be important to everybody living with HIV or in the danger zone of getting it.
The complainant and the prosecution's main witness
has previously withdrawn the prosecution request and wished for the
case to be closed. This is not possible with the the penal code that
is used in this case and the indictment against me have been
maintained.
The complainant has decided to leave the country
for a longer period of time waiting for the trial negotiations to
finish in court.
Both the defense counsel, the prosecutor and
the court agreed that the case can not be processed without the
comlainant present, in person, for his immediate explanation is
necessary for a proper clarification of the case.
There is now
a medical report from a court-appointed independent expert. It is
again confirmed that the comlainant's infection did not originate
from me. After specific questions from my defender it is otherwise
determined by the expert that I, in practice, could not have exposed
an already HIV-infected person for risk of infection, - so even
within the strict legal framework of applicable Norwegian laws, my
defender is now looking for my "crime ".
Fornærmede og påtalemyndighetens hovedvitne har tidligere trukket påtalebegjæringen og ønsket at saken skal avsluttes. Dette er ikke mulig etter den loven som blir brukt i saken og tiltalen mot meg har blitt opprettholdt.
Fornærmede har valgt å forlate landet for en lenger periode i påvente av at saken skal ferdigforhandles i retten.
Både forsvarer, aktor og retten er enige om at saken ikke kan behandles uten at fornærmede er til stede personlig, for hans umiddelbare forklaring er nødvendig for en forsvarlig opplysning av saken.
Det foreligger nå en medisinsk utredning fra en rettsoppnevnt uavhengig sakkyndig. Det er igjen bekreftet at fornærmedes smitte ikke stammer fra meg. Etter konkret spørsmål fra min forsvarer er det ellers fastslått av den sakkyndige at jeg i praksis ikke kan ha utsatt en allerede hiv-smittet person for smittefare, - så selv innenfor den strengt juridiske rammen av gjeldende norsk straffelov leter min forsvarer nå etter min "forbrytelse".
RAISING YOUR VOICE CAN BE RAISING THE ODDS OF SUCCESS…
Convincing the population of a country and their politicians, that there is a link between how they treat a minority group as people living with HIV, their laws and all it symbols, is kind of a challenge. But with international help and among them some very experienced people from the US, things are slowly starting to move in a better direction here in Norway.
By Louis Gay
We have an old expression in Norway saying something about how a small bump sometimes can topple a big load. When I started raising my voice in public media November 30th 2011, I felt like a very small bump.
As a charged HIV-positive I would be the first one ever to do this and one of very few positive’s at all to argue back at the state in national media. Nordic countries have a long tradition in trusting the state to take care of us. This also applies when it comes to how we trust the law to prevent society from HIV. All responsibility lies with the one carrying the virus. Discloser does not protect you from the law, because we think it does not protect the society from HIV.
The loneliness changed in February 2012, during the UNAIDS conference in Oslo. I was invited to tell my story at a pre-conference working with the Oslo declaration at the time. In that room I met experts, activists and organizations from all over the world, working against HIV-crimanalization. People like your own Sean Strub and Robert Struttle from the Sero project, Edwin J. Bernard from HIV justice network and Professor Matthew Wait from England. Even people from the Nordic countries and Norway, was there fighting criminalization of HIV. I was not alone anymore.
Most of these people have included me in their networks and shared their experiences with me. Enlightened me and supported my fight in Norway. This summer Sero project and HIV justice network invited me to AIDS2012 in Washington to share my story among other Americans in the same position as myself. Lacking the money to participate they put me up with amazing people in Frontiers Media to get a free pass to the conference as a media representative. People to house me for free during the entire conference and of course the interviews and panel debate.
Like I said at the criminalization panel during the conference; “Success is a hard thing to measure.” What I do know is that slowly politicians are participating in the debate against HIV-criminalization in our national media. Now they dare to say my name and talk to me. Even I am facing trial in October. Media are contacting me to listen to my views on HIV-criminalization and stigma. The debate is full of different perspectives. Some less accurate than others, but there is now finally a debate. Even among people living with HIV, there are different views when it comes to criminalization. Skilled people like those I was so lucky to meet at the conference in Oslo and during AIDS2012 in Washington, must never stop recruiting and educating new members to this fight. Not all of us have the time and recourses to invent all the arguments and read all the science by ourselves. We have the power and will to stand up, but not to be alone for a very long time. It is simply too expensive on a personal level.
In a huge international community of people working for a better future for those living with HIV, I sometimes feel small and insignificant. But I am not, am I? Thru the privilege of being part of something bigger, people like me get a mirror which reflects and adjust the work we do.
There are so many ways to influence politics. Raising your voice can be one of them. But it is easier when you are not alone. Maybe, just maybe we are about to topple a big load?
Leif-Ove Hansen
Member of the Social Party's gay nettwork
Boardmember of HivNorge
Louis Gay
Boardmember of LLHOA
&
Pasientrådet
TO TURN HIV INFECTION RATES.
Learning to live with HIV, whether you have been diagnosed or just have exposed yourself, is a question of mental and physical health. It is also within the boundaries of the health care system that it should be solved.
Written by: Louis Gay & Leif-Ove Hansen as privat persons. Translated by: Louis Gay
The debate during this summer about the existence of § 155 ("the HIV penal code"), in the media, is a mistake. This law was replaced by politicians already in 2009 and transferred to two new paragraphs. It has been allowed to work up to now, because the politicians wanted a closer examination through the "Syse-Committee". Discussions for or against § 155 is therefore a waste! It will be removed and replaced, anyway, in the near future.
The discussion is about whether prosecuting those living with HIV protects the society or hinder the reduction of HIV infections? Correct answer is the last one.
We want to see a reduction of infections in the future. This we attempt to do through educating and informing about the latest knowledge that are available on these issues, at any time.
Efforts to move those living with HIV and their sex life out of the criminal laws and over to the treatment of the health care system, is not something we invented ourselves. The feedback provided by the specialist health researchers and experts in Norway and internationally, provides legitimacy for the changes we are fighting for in Norway. The research from such as Law Professor Matthew Weaith from the University of London, researching the criminalization of HIV in Scandinavia and research from SERO project in the United States, provides a clear picture of how criminalization underpin stigma and together are an obstacle to a better test regime with subsequent treatment.
Anthony Fauci, head of the American infection control department (NIAD), explained himself clearly under AIDS2012 in Washington this summer. We have the tools to reverse disease development. Several countries have already succeeded, through a conscious political will to adopt testing and medication as a method. We will succeed in turning infection rates correctly in the future. It is first and foremost a political question about willingness to innovate. "The train" is set in motion. The question is whether Norway will stand on the platform or be with it.
Olafiaklinikken's (Norwegian test clinic) news about a test with answers within a minute, is a step in the right direction. Better low threshold for HIV testing and greater accessibility, combined with the reduction of the barriers which prevent people from HIV testing, is key to reducing infection rates. This is almost a world of professionals agreeing upon . Criminalization and stigma stands in the way for a new future with "test and treat" as prevention.
Attitudes and statements based on "gut feelings" and intuition that sometimes characterizes the discussion, reduce an important and evidence-based debate to a "kitchen table talk". Norway is not benefiting from this. And we'd like to see a greater participation from our HIV-specialized health care workers in this debate in the future.
Louis Gay has been on AIDS2012 in Washington. He came home with new knowledge in the suitcase, and shares it happily with the Gaysir readers.
- Over half of those who test the first time have so low CD4 counts that they probably have been HIV positive for many years. These have since a long time perceived as HIV negative. The probability that they have infected many on their path is big, starts Louis.
He says that this example was a topic at the conference in Washington, which he attended in July. This was used as arguments in the debate of decriminalization and the importance of higher test rate among people.
A healthy person has a number of CD4 cells between 400 and 1600 cells per cubic millimeter of blood. Is the number of CD4 cells between 200 and 500 it may indicate that the immune system is weakened. Late-stage HIV infection usually don’t begin before CD4 count falls below 200.
- From the conference "HIV in Europe", in Copenhagen earlier this year, it was conveyed that HIV infection in more than 50% of the cases is transferred from one that does not even know he is HIV positive. Therefore, you can ask the other part as much as you want, you will not get an answer that is 100% trustworthy. Not because the other part is lying, but because he is of the opinion that he is "well," says Louis Gay.
Leaving their own protection in the hands of others
Louis is a bit upset about the ongoing discussion between HIV positive and HIV negative about who has the responsibility.
- Many HIV negative reserve themselves the right to unprotected sex. They expect and demand that people with HIV should inform about their status. When no one says anything, or they receive information that the other party is "healthy", then they are "safe." But then they ignore a large and dangerous picture. They leave their own protection in the hands of others. They trust and believe that others take care of their health. I think very many people think that way, and it is "dangerous".
Louis stresses how important it is that anyone who picks up someone in London pub, visiting the sauna or "hook up" on Gaysir, reflects on this.
- Everyone wants to fuck, but no one wants to have HIV; between the two thoughts are a number of personal choices. Therefore it is important to get people to understand that they must take care of their own health. It's very scary to leave the whole responsibility to those who know they are HIV positive.
Louis thinks it is safest to sleep with an open HIV on successful treatment. He says recent research presented at AIDS2012 support him in this.
- The person is then probably on medication. But equally important is that you more easily communicate the challenges and take precautions to ensure that infection is not transmitted. We mostly want to take care of each other.
- It's probably far more risky to go with a handsome and likeable guy home from the city, which says he is "well" and then be tempted to make unwise choices.
- Most people see themselves as HIV negative until a test confirms otherwise. A lot may have happened in the meantime. Especially if you do not get a primary infection - which is an indication that something is not as it should be.
"Hard core" group
- There is too much focus on the "hard core" group. Those who use a lot of drugs and deliberately are practicing unprotected sex. Louis says that the "hard core" group was also discussed at the conference in Washington.
- They are found in almost all countries. But they only represent a very small group among those who are HIV positive. This group is almost impossible to get to. The conclusion among researchers is: - find them and get them on medication. This group does not explain the high infection rates in Norway.
- Everyone should take a collective responsibility and make sure to test themselves. Get those who are struggling to cope with their diagnosis on medication. The Public Health Institute says that nearly 10% of Oslo's gays are HIV positive. They talk about an epidemic.
Medication more important than condoms
Centers for Disease Control and Prevention (CDC) presented the latest research on "HIV transmission risk" during the conference in Washington.
"Different factors can increase or decrease transmission risk. For example, taking anti-retroviral therapy (ie, medicines for HIV infection) can Reduce the risk of an HIV-infected person transmitting the infection two another by as much as 96%. Consistent use of condoms reduces the risk of getting or transmitting HIV by about 80%. "
- It is interesting that they say that unprotected sex with an HIV positive on successful treatment is safer than sex with a condom with an HIV positive not on treatment.
- New research has led to that we want to get more newly diagnosed on medication immediately. In Norway, there has been an attitude that medication should not begin until the CD4 count has dropped to a certain level. But now medication has so few side effects that it is best to start immediately, said Louis.
Eradication of HIV - a question of money and politics
- It is claimed by many, including Frank O. Pettersen physician in infectious medical department at the Oslo University Hospital, we have the tools needed to eradicate HIV and AIDS.
“By thinking on the treatment also as a preventive measure, increases the ability to limit, perhaps even stop the epidemic”, Pettersen wrote on HivNorges website in January.
- It's really just a question of money and politics. If HIV is detected earlier by, for example easier accessible testing regime and treated with medication immediately, the infection rates eventually will go down naturally. But it requires international efforts.
- Condom use is nevertheless the most important thing to communicate. One thing is for HIV infection, but there are also other sexually transmitted infections (STIs) that affects health. Virus resistance is also spoken about. Therefore it is important to see sexual health as a whole, and not just focus on HIV.
“International research shows that a newly diagnosed woman of 25 years, starting with the medication immediately, will have a remaining life expectancy of 52.7 years. An HIV negative 25-year-old woman has about 53.1 years left.” It shows how well the medicine has become.
Anthony Fauci, head of the U.S. preventive Institute (NIAD), is a capacity for research on HIV and AIDS. Listen to what he has to say:
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