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Different but equal. Access to health care facilities is as much a necessity for all persons. The fight against HIV/AIDS in Africa has been progressive and the increasing attention towards prevention and treatment may blur the minds of many from the need to ensure accessibility for all. Protection of the rights of persons with cognitive disabilities in the context of HIV and AIDS under the African human rights system is an approach towards ensuring equality of access to information on HIV/AIDS related matters. we often take for granted the specific needs of some of the most vulnerable in our societies. Persons with cognitive disabilities generally face many challenges in respect of the HIV pandemic. There is need to establish a legal response to address the vulnerability of persons with disabilities to exposure of HIV infection. The wrongful assumption of their sexuality has created high levels of marginalization and there is need to safeguard the rights of persons with disabilities in the context of HIV and AIDS.