The Council of Europe is made up of 45 member states that cooperate on an international level to promote human rights, pluralist democracy and the rule of law. The Council of Europe seeks solutions to problems facing its member states, adopts treaties and makes recommendations for the effective enforcement of human rights. A number of such treaties and recommendations have been made in the area of migration including: on human trafficking (see 8.11-Migration and crime) and migrant workers (see 8.5 - Migrant workers). Such instruments, drafted at the international level, normally relate to state action at national level.

The Council of Europe is an organisation which does not negotiate international agreements on behalf of its member states although it may recommend the signature and adoption of international legal instruments. However legally binding human rights instruments of the Council of Europe such as the European Convention on Human Rights (1950) may be relevant to international agreements made by individual member states. Such agreements would have to be in compliance with member states legal obligations under Council of Europe instruments.