Submission Under OPIC – Second-Generation Harm from TCDD (Agent Orange) Exposure – Australia Your complaint WUR/16556 addressed to the Committee on the Rights of the Child

Dear Committee Members,

I am writing to submit a formal communication under the Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure (OPIC).As detailed in my attached submission, I am a second-generation victim of TCDD (Agent Orange) exposure. My father served in the Vietnam War and was exposed to dioxin-based chemicals. I was born in Australia in 1974 and have suffered from serious and disabling health conditions since birth — consistent with global research on multigenerational effects of TCDD.

Despite repeated medical evidence and international warnings, Australia has failed to recognize or respond to the rights violations endured by children like myself.

This communication outlines multiple breaches of the Convention on the Rights of the Child, including violations of Articles 2, 3, 6, 24, and 27, and highlights both national and international warnings that were ignored.

I respectfully request that the Committee consider my submission for urgent review and investigate Australia’s ongoing failure to recognize and protect second-generation victims of chemical exposure.

Please find my submission attached. If you require any further documentation or clarification, I would be happy to provide it.

Thank you for your time and consideration.

Sincerely,

Danielle

P:

W: https://agentorangechild.wixsite.com/agent-orange-child

Submission to the UN Committee on the Rights of the Child

(Optional Protocol on a Communications Procedure - OPIC)

Name of Complainant:

Danielle

Country:

Australia

1. Background and Factual Context

I am a citizen of Australia, born in 1974. My father served in the Vietnam War from 17 December 1969 to 7 December 1970 and was exposed to TCDD (dioxin), the toxic chemical component of Agent Orange.

Scientific research, including findings from the World Health Organization (WHO) and international studies, confirms that exposure to TCDD can cause genetic, neurological, immune, and developmental harm across generations.

Since birth, I have suffered from numerous health conditions associated with TCDD exposure, including:

• Neurological, skeletal, gastrointestinal, and immune disorders;

• Degenerative spinal and joint diseases beginning at a young age;

• Learning disabilities, chronic pain, and eventual complete disability by the age of 35.

Despite growing global evidence, Australia has failed to recognize, investigate, or provide medical care or support to second-generation victims like myself. I have submitted formal applications for disability support and lodged departmental complaints, all of which have been rejected without adequate consideration of second-generation TCDD harm.

2. Violations of the Convention on the Rights of the Child (CRC)

Article 2: Non-discrimination

I was denied recognition, support, and health care due to the nature of my harm — inherited exposure to toxic chemicals — which constitutes discrimination based on birth and health status.

Article 3: Best interests of the child

The Australian Government did not act in my best interests as a child when it ignored the known risks of second-generation dioxin exposure.

Article 6: Right to life, survival, and development

The serious developmental, physical, and neurological impairments I suffered throughout childhood violated my right to full and healthy development.

Article 24: Right to health

Australia failed to ensure my right to the highest attainable standard of health by refusing to acknowledge or treat the long-term effects of inherited toxic exposure.

Article 27: Right to a standard of living adequate for development

My severe, untreated health conditions significantly restricted my standard of living, leading to long-term poverty, exclusion, and inability to participate fully in society.

3. Exhaustion of Domestic Remedies

I have exhausted available domestic remedies, including:

• Submitting two formal disability pension applications (both rejected);

• Lodging complaints with the Department of Veterans’ Affairs, Centrelink, and other relevant agencies;

• Seeking recognition and assistance based on extensive medical evidence linking my conditions to dioxin exposure.

No investigation has been opened, no recognition provided, and no access to appropriate medical care has been granted.

4. Supporting Evidence

I have developed a dedicated website compiling:

• Personal medical history and diagnoses;

• International scientific research on TCDD and its multigenerational effects;

• Documentation of government responses and denials;

• Legal analysis of Australia’s international obligations.

Website:

https://agentorangechild.wixsite.com/agent-orange-child

5. Prior Warnings to Australia and the International Community

5.1 Domestic Warnings (Australia)

Australia was formally warned at least six times through national reviews and reports:

1. 1985 – Royal Commission into the Effects of Agent Orange on Australian Personnel:

   Recognized serious health effects of TCDD exposure but failed to fully investigate second-generation harm.

2. 1994 – Australian Human Rights and Equal Opportunity Commission Submission:

   Raised concerns about environmental toxins impacting children’s rights.

3. 2000 – Senate Inquiry into Service-Related Exposures:

   Recommended further investigation into intergenerational effects (ignored).

4. 2003 – Australian Veterans’ Health Studies:

   Identified the need to monitor health effects among children of veterans.

5. 2010 – DVA Review of Vietnam Veterans’ Family Health Study:

   Confirmed that second-generation children exhibited elevated rates of serious health problems.

6. 2018 – Joint Standing Committee on Foreign Affairs, Defence and Trade (Inquiry into the Use of Chemical Agents):

   Recommended Australia monitor and remedy effects of toxic exposures, including possible second-generation risks.

Despite these warnings, no systemic action was taken to address or investigate the impact on children born to TCDD-exposed veterans.

5.2 United Nations Warnings (International)

Australia has also received six key international warnings regarding chemical exposure, children’s rights, and second-generation harm:

1. 1989 – UN CRC Adoption (Convention on the Rights of the Child):

   Obligated Australia to protect children’s health and development (Articles 6, 24).

   (Relevant to second-generation toxic exposure.)

2. 2001 – Stockholm Convention on Persistent Organic Pollutants (POPs):

   Dioxins like TCDD were listed as highly hazardous, requiring action to protect future generations.

   (Australia ratified in 2004.)

3. 2008 – UN Human Rights Council - Universal Periodic Review (Australia):

   Recommended Australia strengthen measures for vulnerable groups exposed to environmental harm.

4. 2011 – UN OHCHR Report on Hazardous Substances and Waste:

   Explicitly warned of states’ duties to protect children from inherited and prenatal toxic exposures.

   (Second-generation harm mentioned.)

5. 2017 – UN Committee on Economic, Social and Cultural Rights - Australia Review:

   Urged Australia to better protect health rights in relation to environmental pollution, especially among vulnerable populations.

6. 2020 – UN CRC Concluding Observations on Australia:

   Criticized Australia for failing to fully implement children’s rights to health and protection from environmental hazards.

   (Applies to second-generation victims.)

Each of these international instruments or reports places a clear obligation on Australia to recognize and protect children affected by inherited chemical exposure like TCDD. Failure to do so constitutes ongoing violations of Articles 2, 3, 6, 24, and 27 of the CRC.

6. Relief Sought

I respectfully request that the Committee:

1. Investigate Australia’s systemic failure to recognize and address second-generation harm from TCDD exposure;

2. Acknowledge the violations of my rights under the Convention on the Rights of the Child;

3. Recommend remedial measures, including:

   
   

   • A formal inquiry into the impact of wartime chemical exposures on second-generation Australians;

   • Recognition of second-generation victims;

   • Provision of health care, support, and compensation for affected individuals.

     I confirm that this communication is submitted under the Optional Protocol to the CRC on a Communications Procedure.

     Date: 29th April 2025

     Signature: Danielle