EU member states are obliged to ensure inclusive education of children with mental disabilities under the terms of the United Nations Conventions on the Rights of the Child and on the Rights of Persons with Disabilities. At EU level this outlines the competencies and legal framework for EU action aimed at protecting children with disabilities. A key driving factor is countering discrimination of any kind.

The policy framework include the principle of the best interests of the child, the right to equality, the right to non-discrimination, the consideration of evolving capacities, the right to participate, protection from violence, the right to family life and inclusion in society (a fundamental aspect of which is the inclusive education of children with mental disabilities.)

The EU has also been active on related issues affecting children with mental disabilities, with particular emphasis on unaccompanied minors (a rising problem given Europe's current refugee crisis,) child victims of crime, and protection of children from sexual abuse from the internet or other media content.