Homing devices in choice of Tort Law: Australian, British and Canadian Approaches

Since 1994, Canada, the United Kingdom and Australia have adopted new choice of law rules for cross-border torts that, in different ways, centre on the application of the law of the place where the tort occurred (the lex loci delicti). All three countries abandoned some species of the rule in Phillips v Eyre, which required some reference to the law of the forum (the lex fori) as well as the lex loci delicti. However, predictions were made that, where possible, courts in these countries would continue to show a strong inclination to apply the lex fori in cross-border tort cases - and would use a range of homing devices to do so. A comprehensive survey and analysis of the cases that have been decided under the Australian, British and Canadian lex loci delicti regimes suggests that courts in these countries do betray a homing instinct, but one that has actually been tightly restrained by appeal courts. Where application of the lex fori was formally allowed by use of a 'flexible exception' in Canada and the United Kingdom, this has been contained by courts of first appeal. Indeed, only the continuing characterization of the assessment of damages as a procedural question in Canada and the United Kingdom, seems to remain as a significant homing device for courts in these countries. © 2006 Oxford University Press.

Inside ‘Inside View’: reflections on stimulating debate and engagement through a multimedia live theatre production on the dilemmas and issues of pre-natal screening policy and practice

Background The role of applied theatre in engaging both lay and professional publics with debate on health policy and practice is an emergent field. This paper discusses the development, production performance and discussion of ‘Inside View’.1 Objectives The objectives were to produce applied theatre from research findings of a completed study on genetic prenatal screening, exploring the dilemmas for women and health professionals of prenatal genetic screening, and to engage audiences in debate and reflection on the dilemmas of prenatal genetic screening. Methods ‘Inside View’ was developed from a multidisciplinary research study through identification of emergent themes from qualitative interviews, and development of these by the writer, theatre producer and media technologist with input from the researchers. Findings Inside View was performed in London and the Midlands to varied audiences with a panel discussion and evaluation post performance. The audiences were engaged in debate that was relevant to them professionally and personally. Knowledge translation through applied theatre is an effective tool for engaging the public but the impact subsequently is unclear. There are ethical issues of unexpected disclosure during discussion post performance and the process of transforming research findings into applied theatre requires time and trust within the multidisciplinary team as well as adequate resourcing.

Avaliação do pré-natal na atenção primária à saúde no Rio grande do Norte: visão das usuárias

ABSTRACT This study aimed to evaluate the quality of prenatal Primary Care in Rio G rande do Norte, Brazil in 2012 under the program Improving Access and Quality of Primary Care. The study was cross - sectional, quantitative. Included 156 mothers of children under 2 years who received prenatal care at the health evaluated. We applied a ques tionnaire on profile, minimum queries, regularity of attendance, laboratory tests, vaccination, participation in educational activities, guidance received, clinical and obstetric procedures and prescription Ferrous sulphate and folic acid. The descriptive analysis of the criteria used Humanization Program Prenatal and Birth. The results showed that 92% of mothers had six or more visits; 85% with the same care was professional; 94% subsequent appointments scheduled. As for tests and procedures the percentage s were: Urine 98%; HIV - 96%; VDRL and 88%; 91% glucose; tetanus vaccination 93%; educational groups 56% with 36% participation, knowledge of the delivery location and 59% achievement breast exam 65%, 33% and preventive gynecological 43%; 98% supplemented wi th 96% Ferrous Sulfate and Folic Acid. It was concluded that there were advances in Rio Grande do Norte concerning assistance and there are weaknesses in the educational practices and conducting some minimal clinical examinations.

Prevalência e fatores associados à morbidade materna: inquérito populacional em Natal/RN

INTRODUCTION: Severe maternal morbidity , also known as maternal near miss , has been used as an alternative to the study of maternal mortality , since being more frequent shares the same determinants and enables the implementati on of epidem iological surveillance of cases . Since then, hospital audits ha ve been carried out to determine the rates of maternal near miss, its mai n causes and associated factors . More recently, population surveys based on self - reported morbidity have als o been presented as vi able in identifying these cases . OBJECTIVE: The aim of this study was to determine the prevalence and associated factors of maternal near miss and complications during pregnancy and puerperal period in Natal/RN. METHODS: A cross - secti onal population - based study was conducted in Natal /RN , Brazil, which has as its target population women aged 15 to 49 years who were pregnant in the last five years. It was carried out a probabilistic sam pling design based on a multi - stage complex sample , in which 60 census tracts were selected from three strata (north , south - east and west). Afterwards, domiciles were visited in order to obtain a sample of the 908 eligible women in whom a questionnaire was applied. The descriptive analyzes and bivariate ass ociations were performed using the Chi - square test and the estimate of the prevalence ratio (PR ) with 95% confidence interval (CI) and considering the weights and design effects . The Poisson regression analysis , also with 5% significance and 95% CI, was us ed for analyzes of associated factors. RESULTS: 848 women were identified and interviewed after visits in 8.227 households corresponding to a response rate of 93 . 4 %. The prevalence of maternal near miss was 41 . 1 /1 000NV, being the Intensive Care Unity stay i ng (19 . 1 /1 000 LB ) and eclampsia (13 . 5/1000LB) the most important marker s . The prevalence of complications in the puerperal peri od was 21 . 2 %, and hemorrhage (10 . 7%) and urinary tract infection (10 . 7%) the most frequently reported clinical conditions and rema in ing in the hospital for over a week after delivery the mo st frequent intervention (5.4%) . Regarding associated factors , the bivariate analysis showed an association between the increased number of complications in women of black/brown race ( PR= 1 . 23; CI95 % : 1 . 04 - 1 . 46) and lower socioeconomic status ( PR= 1 . 33; CI95%: 1 . 12 - 1 . 58) in women who had pre natal care in public service ( PR= 1 . 42; CI95%: 1 . 16 to 1 . 72 ) and that were not advised during prenatal about where they should do the d elivery (PR= 1 . 24; CI95%: 1 . 05 - 1 . 46), made the del ivery in the public service (PR= 1 . 63; CI95%: 1 . 30 - 2 . 03), had to search for more than one hospital for delivery (PR=1 . 22; CI95%: 1 . 03 - 1 . 45) and had no companion during childbirth ( PR =1 . 19; CI95%: 1 . 01 - 1 . 41) or at all times of childbirth c are - before, during and after childbirth - ( PR= 1 . 25, CI95%: 1 . 05 - 1 . 48) . Moreover, the number of days postpartum hospitalization was higher in women who had more complications (P R= 1 . 59 ; CI95%: 1 . 36 - 1 . 86). In the final regression model for both birth place (P R= 1 . 21 ; CI 95% : 1 . 02 to 1 . 44 ) and socioeconomic status (PR = 1.54 ; CI95%: 1 . 25 - 1 . 90 ) the association remained. CONCLUSION : Conducting population surveys using the pragmatic definition of near miss is feasible and may add importa nt information about this ev ent . It was possible to find the expression of health inequalities related to maternal health in the analysis of both socioeconomic conditions and on the utilization of health services.

Uma abordagem ergonômica para análise da qualidade do pescado, desde sua captura ao seu desembarque na praia, resultante da atividade dos jangadeiros de Ponta Negra - Natal/RN

The artisan fishing activity, which involves historical - cultural, environmental, social, political, economi c, among other factors, presents, nowadays, as an important source of income, creating jobs and food, contributing to the permanence of man in their own birthplace. However, the fish, considered one of the most perishable foods, requires a proper handling and conservation, from capture to its availability in the market, in order to slow the deterioration process. Thereby, this dissertation aims to study the effect of the manipulation practices on fish quality, from capture to its landing on the beach, resul ting from fisherman’s activity from Ponta Negra - Natal/RN. It also presents the purpose of analyzing the quality of the fish and propose recommendations for their proper handling and possible solutions to add value to the product, through the improvement of the quality and good handling practices. For this purpose, the methodology used was based on ergonomic analysis of their work through observational techniques and interactional with the focus group, the jangadeiros, to understand their activity and eval uated the freshness and quality of the fish by sensory analysis, and microbiological parameters and physicochemical from existing legislation Ordinance No. 185 of May 13, 1997 and RIISPOA - amended on December 1, 2007 and RDC No. 12, dated January 2, 2001. According to the results obtained in laboratory tests, it can be established, the acceptable quality of fish as the existing rules and regulations parameters , not getting significant deterioration caused by poor handling and improper storage of fish.

Acessibilidade em área comercial: um estudo do bairro do Alecrim, Natal/RN

Planejar o espaço urbano pensando na inclusão social de pessoas com deficiência significa considerar a acessibilidade como fator essencial para uma mobilidade urbana completa e segura. Esse ideal reflete-se no espaço comercial que, para ser convidativo e livre de barreiras (sejam elas físicas, tecnológicas ou atitudinais), precisa promover o direito de livre acesso a todos os cidadãos. Partindo deste entendimento, esse estudo tem como objetivo geral analisar as condições de acessibilidade da região denominada “Coração do Alecrim”, área de tradicional comércio popular em Natal. A pesquisa recorreu à abordagem multimétodos e aconteceu em três momentos: (i) avaliação técnica da área por meio da aplicação de check-list, elaborado com base na legislação específica e validado por painel de experts; (ii) elaboração de mapas com uso de Sistema de Informação Geográfica (S.I.G.), tendo como base o resultado da análise realizada na primeira etapa; (iii) aplicação de questionários e realização de entrevistas informais com usuários (visitantes, proprietários e comerciários), para coletar dados sobre sua percepção sobre o lugar, complementando a análise técnica efetuada. Resumindo as informações coletadas, foram elaboradas matrizes de descobertas, como uma junção de todas as etapas de análise. Na conclusão são apresentados pontos críticos de acessibilidade (detectados pela pesquisadora ou apontados pelos usuários) e indicadas algumas diretrizes para a intervenção no local, de modo a colaborar para futuros processos de planejamento urbano do bairro do Alecrim.