Constipation among middle school students has become a widespread phenomenon; what legal rights are involved behind the difficulty of using toilets on campus? A lawyer interprets the right to health and schools’ responsibilities.
Lead
Recently, a news report about a collective constipation issue among middle school students has drawn widespread social attention. The report states that due to heavy academic pressure, insufficient numbers of school toilets, poor sanitation conditions, and short break times, many middle school students prefer to hold in their bowel movements rather than use the restroom at school—leading over time to constipation becoming a “shared secret” among students. While this phenomenon appears to be merely a matter of daily habits, it in fact raises legal issues concerning the protection of minors’ right to health and schools’ management responsibilities. From a lawyer’s perspective, the difficulty students face in accessing restrooms on campus not only harms their physical health but may also constitute an infringement upon students’ fundamental rights. This article analyzes the allocation of legal responsibility from a legal standpoint and provides concrete rights-protection strategies for parents and students.
Schools have an obligation to ensure students’ basic physiological needs.
Pursuant to Article 33 of the Law of the People’s Republic of China on the Protection of Minors, schools shall provide social life guidance, mental health counseling, and adolescent education tailored to the physical and psychological development characteristics of minor students. Meanwhile, the Regulations on School Health Work explicitly require schools to provide toilets and handwashing facilities that meet hygienic standards. These provisions signify that schools are not merely venues for knowledge transmission but also bear the fundamental obligation to safeguard students’ physical and mental health.
In actual cases, some schools have failed to ensure students’ normal use of toilets due to insufficient toilet stalls, untimely repairs of damaged facilities, and poor sanitation. Under such circumstances, the school may violate Article 1165 of the Civil Code concerning liability based on fault—if the school fails to fulfill its management duties and thereby causes harm to students’ health, it shall bear corresponding tort liability. It is noteworthy that although the law does not expressly stipulate a mandatory ratio of toilet stalls per number of students, the Ministry of Housing and Urban-Rural Development’s “Design Standard for Public Toilets in Cities” and “Design Code for Primary and Secondary Schools” require that school toilet design conform to student population size and usage requirements. If students are unable to use toilets normally over an extended period due to design or management deficiencies, the school cannot evade responsibility.
Furthermore, the school's authority over student management should not override students' basic human dignity. The fact that students are afraid to ask for permission to use the restroom during class for fear of criticism reflects that some schools' management approaches are overly rigid and neglect students' physiological needs. Schools should establish a humane restroom management system, such as allowing students to use the restroom at any time during breaks or when necessary, rather than mechanically restricting time.
Prolonged stool retention may constitute an infringement on the right to health.
The right to health is a fundamental right of natural persons explicitly stipulated in Article 1004 of the Civil Code. For minors, their right to health receives special protection. Prolonged stool retention not only causes constipation but may also lead to health issues such as hemorrhoids, intestinal dysfunction, and psychological anxiety. If a school's management policies or facility deficiencies objectively force students to be unable to use the restroom normally during school hours, thereby causing health damage, then a causal relationship exists between the school's conduct and the resulting harm.
From a judicial practice perspective, courts typically focus on several key points in similar cases: first, whether the school was at fault, such as insufficient restroom facilities, poor sanitary conditions, or restrictions on restroom access time; second, whether the student suffered actual harm as a result, such as medical records or diagnostic certificates; and third, whether there is a direct causal link between the fault and the harm. For example, in one case, a student developed severe constipation requiring medical treatment due to fear of using the restroom at school, and the parents sued the school for compensation. The court ultimately found that the school's management was negligent and ordered it to bear part of the medical expenses. Although such cases are rare, they demonstrate that the law is not incapable of addressing such issues.
It should be noted that the determination of a violation of the right to health typically requires reaching the level of "causing actual harm." An occasional instance of holding in urine or stool may not constitute a violation in the legal sense, but if it becomes a long-term pattern accompanied by physical discomfort or illness, it may satisfy the elements of tort. When parents seek to protect their rights, they should pay attention to preserving evidence such as students' medical records and written communications with the school.
School Responsibilities and Legal Pathways for Parental Rights Protection
When a student's health is harmed due to campus restroom issues, parents can pursue the following legal avenues to protect their rights. First, communicate with the school to demand improvements to facilities and management, as well as coverage of corresponding medical expenses. Under Article 1199 of the Civil Code, if a person without capacity for civil conduct suffers personal injury at school, the school shall bear tort liability; for persons with limited capacity for civil conduct, the principle of fault-based liability applies. Middle school students generally fall under the category of persons with limited capacity for civil conduct, so parents need to prove that the school was at fault.
If communication proves ineffective, parents may file a complaint with the education authorities. Under the Education Law and the Law on the Protection of Minors, education administrative departments have the authority to supervise and penalize schools. When filing a complaint, parents should specify the school's specific issues, such as the number of toilets, sanitary conditions, restrictions on restroom use, and attach supporting evidence. If health-related issues are involved, they may also report the matter to the health supervision department.
If none of the above approaches resolve the issue, parents may consider litigation. In a lawsuit, in addition to claiming direct losses such as medical expenses and transportation costs, they can also seek compensation for emotional distress, especially when the student has suffered severe psychological stress due to bathroom-related issues. However, litigation is costly and time-consuming, so lawyers advise parents to prioritize administrative complaints and negotiation, and only consider legal action if all other options have been exhausted.
Schools should take the initiative to improve rather than passively respond.
From a risk management perspective, schools should proactively examine deficiencies in their restroom facilities and management systems to avoid losing sight of the bigger picture over minor issues. A collective complaint from students or media exposure could severely damage a school's reputation. Rather than remedying problems after they occur, it is better to prevent them beforehand. Schools can regularly inspect restroom facilities to ensure an adequate number of squat toilets and timely cleaning; establish reasonable break schedules to guarantee students have sufficient time to use the restroom; and teachers should not use "no restroom breaks during class" as a punitive measure, but instead respect students' physiological needs.
The law is not a cold set of provisions, but a tool to protect everyone's rights and interests. For schools, safeguarding students' right to use the restroom is not only a legal obligation but also a reflection of educational ethics. A child who has to sneak around just to use the bathroom can hardly be said to have felt respect and care within the school campus.
Lawyer's Advice: From Individual Cases to Institutional Change, Promoting Improvements in the Campus Environment
Regarding the "collective secret" of constipation among middle school students, parents and students should not silently endure it. First, parents should take the initiative to understand their child's bathroom situation at school and encourage the child to express their true feelings, rather than dismissing it as a trivial matter. Second, if problems are identified, they should be reported through proper channels to avoid emotional confrontation. Finally, if health damage is involved, medical attention should be sought promptly and evidence preserved, with consultation of a professional lawyer if necessary.
Guangdong Zhiming Law Firm has long been dedicated to the protection of minors' rights and interests, with extensive experience in areas such as campus injuries and educational management disputes. If you encounter similar issues, please feel free to contact us. We will provide you with professional legal advice to help safeguard your legitimate rights and interests. Although the issue of restroom access on campus may seem minor, it concerns children's physical and mental health as well as their personal dignity. We are willing to work with you to promote improvements in schools and society as a whole.
