In region Resources and in group Resources

All Under One Roof

1.0 Introduction
2.0 Mainstreaming disability inclusion in the shelter and settlements programme cycle
3.0 Design Recommendations and material support
4.0 Considerations based on mode of delivery and forms of tenure
Annex 1 Guiding Frameworks
Annex 2 Terms and definitions
Annex 3 Acronyms and abbreviations
Case study library

4.4 HLP issues and security of tenure

Programmes aimed at ensuring equal access to shelter and settlement support will require an understanding of the institutional and attitudinal barriers that affect tenure security and prevent persons with disabilities from realising their Housing, Land and Property (HLP) rights. These barriers can exacerbate pre-existing HLP issues experienced by others. 

Understanding and addressing HLP rights will most often be relevant for programmes offering long term solutions for return or resettlement. Security of tenure is relevant for a wider range of programmes, but particularly for persons with disabilities living in rented accommodation or in informal settlements. 

Persons with disabilities are often more tenure insecure due to: 
  • Higher rates of poverty and discrimination which may force people into informal settlements. 
  • Ownership or tenure status transferred to family members or legal guardians (denial of legal capacity).  
  • Higher rates of illiteracy and stigma. Lack of accessible information on HLP rights. 
  • Exclusion from claims and restitution processes and other HLP support initiatives. 
  • Disruption of national social services (e.g. housing or rental support). 

The situation is often worse when it comes to women and girls with disabilities. 

Lack of protection or adequate shelter may in some cases lead to unnecessary and/or involuntary institutionalisation or homelessness. 

Due to the discrimination mentioned above, and the attitudinal barriers that drive it, persons with disabilities are also at increased risk of forced evictions.

4.4.1 Link up with legal expertise in order to understand the local institutional barriers that affect HLP rights and security of tenure for persons with disabilities.
4.4.2 When allocating safe emergency shelter, consider giving priority to groups that are particularly at risk, including persons with disabilities.
4.4.3 Review contracts and agreements with legal experts as well as advocates for the rights of persons with disabilities. Make efforts to include heads or co-heads of household with disabilities as signatories.
4.4.4 Make investments in accessible design part of contracts and agreements, and clarify the landlord’s responsibility in terms of maintenance or avoiding new barriers.
4.4.5 Involve OPDs and disability informants in efforts to identify attitudinal barriers that affect HLP rights and security of tenure for persons with disabilities. Come up with potential ways of addressing these barriers, within the framework of a shelter programme or outside.
4.4.2 Establish an inclusive monitoring system that can identify risks and challenges to the tenure security of persons with disabilities in emergency and early recovery situations.