No states are spared from human trafficking. All are now qualified states of departure, transit or destination. However, Europe is a focal point, as many different types of countries are within its boundaries and traffickers have set up their roads within it. Therefore, the Council of Europe was the designated institution to adopt an instrument against human trafficking in response to the paucity of measures taken by of the international community, which has done little more since adopting the widely criticized Palermo Protocol. The Council of Europe Convention on Action against Trafficking in Human Beings is the first real attempt to adequately protect victims of human trafficking. The Convention is ambitious, but major obstacles could block its effective implementation. Among others these include the adoption of two guidelines by the European Union regarding the fight against human trafficking, which highlight the recurring problem of international treaty implementation especially regarding victim protection. Indeed, when it was possible for the European Union Member States, which are the majority of the Council of Europe members, to adopt a concrete way to fight against human trafficking, they failed to eradicate the migration dilemma. Thus the adoption of the European Union guidelines seals and distinguishes the fate of migrant human trafficking victims within the European territory. This paper shows the breakthroughs from a legal point of view but also the obstacles to the implementation of the Convention of the Council of Europe, particularly regarding victim protection.