This study aims at providing a legal perspective on migration health in Europe through a review of European Community Law and Council of Europe instruments. As will be seen, numerous instruments exist at the European level recognizing that the right to health is a fundamental human right for nationals and non-nationals alike: their goal is to ensure protection of health and equitable access to health services of appropriate quality for all. Nevertheless, health inequalities between host populations and migrants, asylum seekers, refugees, victims of trafficking in persons and others in need of international protection and assistance persist in the region, both in terms of health status as well as in access to health services of equal quality. This study seeks to highlight the challenges to migration health within Europe, both in law and in its application. It is hoped that it brings us one step closer to ensuring respect for the right to health for all those who migrate, regardless of their status.